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685 So. 2d 979

Smith v. State

District Court of Appeal of Florida

Decided January 2, 1997

District Court of Appeal of Florida · decided 1997-01-02

Relies on Fernandez v. Fernandez · Carter v. State · Shabazz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-01-02

How this case has been cited

Cited by 6 later decisions — most recently September 2015

5 state decisions

20199720002010decided

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.

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SHAHOOD, Judge.

¶1We vacate appellant’s sentence and remand for resentencing because of an error in the sentencing guidelines scoresheet. With a corrected scoresheet, appellant’s guidelines sentence would be one cell lower. As stated in Sellers v. State, 578 So.2d 339, 341 (Fla. 1st DCA), approved by, 586 So.2d 340 (Fla.1991), “when the deletion of improperly included points in the guidelines score results in a reduction of one or more cells, the sentence should be vacated and the cause remanded for resentencing upon a properly calculated scoresheet.” See also Shabazz v. State, 674 So.2d 920 (Fla. 4th DCA 1996).

¶2Although the sentence imposed by the court on appellant falls within the permitted range of a properly calculated scoresheet, we cannot conclude with any degree of certainty that appellant’s sentence would have been the same if the trial court had used a correctly calculated scoresheet. See Shabazz.

¶3Accordingly, this cause is remanded for resentencing based upon a properly calculated scoresheet.

¶4VACATE AND REMAND.

DELL and STONE, JJ., concur.
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