Public-domain · open source
OpenJurist

657 So. 2d 3

Docket No. 94-635.

Schummer v. State

Kennis Lee SCHUMMER, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida

Decided March 17, 1995.

Rehearing Denied April 28, 1995.

District Court of Appeal of Florida · decided 1995-03-17

Relies on 561 So. 2d 554 - Pope v. State · 480 So. 2d 1291 - Gage v. State · Clark v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-03-17

How this case has been cited

Cited by 8 later decisions — most recently April 2011

7 state decisions

30199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Nancy A. Daniels, Public Defender and Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant/cross-appellee.

¶2Robert A. Butterworth, Atty. Gen. and Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee/cross-appellant.

¶3PER CURIAM.

¶4We have for review the appeal of Kennis Lee Schummer (Schummer), and the cross-appeal of the State. The jury found Schummer guilty of both dealing in stolen property and petit theft, despite that section 812.025, Florida Statutes (1991), permits a guilty verdict on one or the other, but not both. We affirm the conviction for dealing in stolen property, but vacate the conviction for petit theft, and remand for correction of sentence to reflect that the petit theft conviction is vacated. Day v. State,531 So.2d 426 (Fla. 1st DCA 1988); Alexander v. State,470 So.2d 856 (Fla. 1st DCA), review denied,480 So.2d 1293 (Fla. 1985).

¶5The trial judge imposed a downward-departure sentence, without giving written reasons for the departure, based on a scoresheet which included points for offenses committed after the instant offenses. We remand for correction of the scoresheet; after-committed offenses may not be scored on the scoresheet for the instant crimes. Stephens v. State,559 So.2d 687 (Fla. 1st DCA 1990), approved,572 So.2d 1387 (Fla. 1991). A guidelines sentence shall be imposed based upon the corrected scoresheet, as written reasons were not provided for Schummer's downward departure sentence. Pope v. State,561 So.2d 554 (Fla. 1990).

¶6We affirm in all other respects.

¶7Affirmed in part, reversed in part, and remanded.

¶8BOOTH, LAWRENCE and VAN NORTWICK, JJ., concur.

/657/so2d/3 · .json · Public domain