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641 So. 2d 465

Schott v. State

District Court of Appeal of Florida

Decided August 17, 1994

District Court of Appeal of Florida · decided 1994-08-17

Cited by 3 later decisions — most recently April 1998

3 state decisions

Relies on Gissendanner v. State · 550 So. 2d 1190 - Waller v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-08-17

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PER CURIAM.

¶1We vacate defendant’s sentence and remand for resentencing because of an error in the sentencing guidelines scoresheet. The scoresheet reflects that points were assessed for legal constraint based on an outstanding capias, however, the state did not establish that the capias was outstanding at the time these crimes were committed. Kinman v. State, 550 So.2d 1190, 1191 (Fla. 5th DCA 1989).

¶2Defendant also argues that the trial court failed to adequately determine whether his *466plea was voluntary. Because this is a direct appeal from a guilty plea, and defendant made no motion in the trial court to withdraw the plea, we affirm on that issue. Robinson v. State, 373 So.2d 898, 902 (Fla.1979).

¶3REVERSED IN PART AND AFFIRMED IN PART.

ANSTEAD, KLEIN and PARIENTE, JJ., concur.
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