Adams v. State, 85-506

• Decision Date: 14 February 1986
• Docket Number: No. 85-506,85-506
• Citation: Adams v. State, 483 So.2d 121, 11 Fla. L. Weekly 418 (Fla. App. 1986)
• Parties: 11 Fla. L. Weekly 418 Florine ADAMS, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 121

483 So.2d 121

11 Fla. L. Weekly 418

Florine ADAMS, Appellant, v.STATE of Florida, Appellee.

No. 85-506.

District Court of Appeal of Florida Second District.

Feb. 14, 1986.

Robert L. Valentine of Jacobs & Valentine, P.A., Lakeland, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen. for, Tampa, appellee.

PER CURIAM.

Defendant appeals from her sentencing following three separate convictions, contending that the trial court specifically departed from the presumptive sentences under the sentencing guidelines and that there were no clear and convincing reasons therefor.Included among the trial court's reasons for departing from the guidelines were the statements, which are supported by the record, that:

The defendant has displayed a pattern of behavior which reflects a flagrant disregard for the Criminal Justice System and has clearly demonstrated that she is not able to meet the requirements of her many periods of probation.The defendant has shown no intention of discontinuing her long string of bad checks, the restitution of which is in the sum of several thousand dollars.

Were that the only error raised, we could affirm.SeePentaude v. State, 478 So.2d 1147(Fla. 1st DCA1985);Booker v. State, 482 So.2d 414(Fla. 2d DCA1985).

However, we note that no scoresheet was prepared for the sentencing of defendant in any of these cases.Therefore, we reverse and remand for resentencing.SeeMyrick v. State, 461 So.2d 1359(Fla. 2d DCA1984);Doby v. State, 461 So.2d 1360(Fla. 2d DCA1984).

Before sentencing may take place in case number 81-1654, involving revocation of probation which was imposed for an offense occurring...