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600 So. 2d 548

Harris v. State

District Court of Appeal of Florida · decided 1992-06-17

Cited by 8 later decisions — most recently September 1998

8 state decisions

Relies on 594 So. 2d 273 - Williams v. State · Goene v. State · 574 So. 2d 1211 - Harris v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-06-17

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PER CURIAM.

¶1The appellant, Frederick L. Harris, for the second time, challenges the sentences which the trial court imposed for violation of probation. We once again reverse and remand for resentencing.

¶2This court in Harris v. State, 574 So.2d 1211 (Fla. 2d DCA 1991), remanded the cause for resentencing. On remand, the trial judge accepted the state’s argument that based upon the rationale of Goene v. State, 577 So.2d 1306 (Fla.1991), he could impose the same sentence. However, there was no indication that the appellant took any affirmative action to mislead the trial court concerning his prior record. Thus, Goenedoes not apply.

¶3We, therefore, once again reverse and remand with instructions that the trial court follow this court’s mandate in Harris, i.e. the trial court must use the original scoresheet in determining the sentence to be imposed. Pursuant to the holding of Williams v. State, 594 So.2d 273 (Fla.1992), the sentences may be bumped one cell for each violation of probation.

¶4Reversed and remanded with instructions.

SCHOONOVER, C.J., and DANAHY and PATTERSON, JJ., concur.
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