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644 So. 2d 85

644 So.2d 85

19 Fla.L.WeeklySupp. 525

Scherwitz v. State

Supreme Court of Florida

Decided October 13, 1994

Supreme Court of Florida · decided 1994-10-13

Cited by 3 later decisions — most recently April 2004

3 state decisions

Relies on 644 So. 2d 81 - Roberts v. State · 559 So. 2d 343 - Graham v. State · Scherwitz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-10-13

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PER CURIAM.

¶1We have for review Scherwitz v. State, 618 So.2d 793 (Fla. 5th DCA 1993), because of conflict with Graham v. State, 559 So.2d 343 (Fla. 4th DCA 1990), on the issue of whether in resentencing a defendant after revocation of probation or community control, a court has authority to revise a guidelines score-sheet to include prior convictions that were mistakenly omitted from the original through no fault of the defendant. We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.

¶2In Roberts v. State, 644 So.2d 81 (Fla.1994), this Court has rejected the rationale of Grahamand resolved the issue in the instant case adversely to Scherwitz’s position. Therefore, we approve the decision below.

¶3It is so ordered.

GRIMES, C.J., OVERTON, SHAW and HARDING, JJ., and MeDONALD, Senior Justice, concur.KOGAN, J., dissents with an opinion.
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