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743 So. 2d 1229

Schaal v. State

District Court of Appeal of Florida

Decided November 17, 1999

District Court of Appeal of Florida · decided 1999-11-17

Cited by 2 later decisions — most recently April 2006

2 state decisions

Relies on 741 So. 2d 1242 - Brown v. State · 720 So. 2d 590 - Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-11-17

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PER CURIAM.

¶1We conclude that the trial court erred as a matter of law in computing the appellant’s score under the sentencing guidelines. The trial court assessed a total of thirty-six points for a community sanction violation, six points for each of the six cases before the court for sentencing. Because the appellant’s probation violations were not successive, the points assigned for a community sanction violation should not have been applied cumulatively for each case. See Brown v. State, No. 98-3051, 741 So.2d 1242 (Fla. 1st DCA 1999); Williams v. State, 720 So.2d 590 (Fla. 2d DCA 1998). Accordingly, we vacate the appellant’s sentences and remand for sentencing with a corrected scoresheet reflecting a combined total of not more than six points as a community sanction violation.

¶2Vacated and remanded.

ALLEN and PADOVANO, JJ., CONCUR. BOOTH, J., DISSENTS.
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