Manuel v. State, 90-01728
| Decision Date | 26 July 1991 |
| Docket Number | No. 90-01728,90-01728 |
| Citation | 582 So.2d 823 |
| Parties | Devon MANUEL, Appellant, v. STATE of Florida, Appellee. 582 So.2d 823, 16 Fla. L. Week. D1922 |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Marc E. Brandes, Asst. Atty. Gen., Miami, for appellee.
Devon Manuel appeals from his sentence for possession and delivery of cocaine following the revocation of his community control. He argues that the trial court erred in using a new scoresheet at resentencing and that the court erred in exceeding the guidelines sentence by "bumping up" his sentence two cells for revocation of community control without providing written reasons for departure. We find merit only in his argument that the trial court improperly used a new scoresheet and remand for resentencing.
Following the revocation of the appellant's community control, the state prepared a new scoresheet for the resentencing hearing, which included additional convictions that the appellant had obtained under aliases. The state did not discover the additional convictions until after the appellant's original sentencing. The trial court sentenced the appellant under the revised scoresheet to five years' incarceration. This was error.
A trial court must use the original scoresheet at sentencing following revocation of probation or community control, Pfeiffer v. State, 568 So.2d 530 (Fla. 1st DCA 1990), even though the state discovers additional prior convictions which the defendant committed under aliases. Harris v. State, 574 So.2d 1211 (Fla. 2d DCA 1991). A contrary result has been reached where the defendant affirmatively misrepresented to the trial court facts concerning his prior criminal history. Goene v. State, 577 So.2d 1306 (Fla.1991). Here, there were no allegations that the appellant took any affirmative action to mislead the trial court as to his prior record. Therefore, we reverse and remand for resentencing pursuant to the original scoresheet.
The appellant's second argument, that the trial court impermissibly "bumped up" his sentence two cells, is without merit. Following revocation of community control, a trial court has the discretion to impose a sentence in the original cell or in the next higher cell, including the permitted range, without providing written reasons for departure. Brown v. State, 581...
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Roberts v. State
...were omitted from the original scoresheet unless the omission was the result of an affirmative act by the defendant. Manuel v. State, 582 So.2d 823 (Fla. 2d DCA 1991); Harris v. State, 574 So.2d 1211 (Fla. 2d DCA), cause dismissed, 581 So.2d 1310 (Fla.1991); Pfeiffer v. State, 568 So.2d 530......
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Aponte v. State
...948.06(1). 1. Aponte also filed a direct appeal of the judgment and sentence, which this court affirmed per curiam. 2. Manuel v. State, 582 So.2d 823 (Fla. 2d DCA 1991); Pfeiffer v. State, 568 So.2d 530 (Fla. 1st DCA 1990); Graham v. State, 559 So.2d 343 (Fla. 4th DCA 3. The other cases are......
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Davis v. State
...under section 812.019, Florida Statutes (1989), indicated Appellant's 62 points placed him in the third cell. See Manuel v. State, 582 So.2d 823 (Fla. 2d DCA 1991); Fla.R.Crim.P. 3.988(f) (Category 6). A violation of community control subjects a defendant to a sentence in the original cell ......
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Tito v. State, 90-01760
...cell bump-up in Case 1 and Case 2, the trial court must use the original guidelines scoresheet in each of those cases. Manuel v. State, 582 So.2d 823 (Fla. 2d DCA 1991); Harris v. State, 574 So.2d 1211 (Fla. 2d DCA 1991). The trial court must use the original scoresheet in each of these cas......