Mills v. State, s. 94-3554
| Decision Date | 02 April 1997 |
| Docket Number | Nos. 94-3554,95-1741,s. 94-3554 |
| Parties | 22 Fla. L. Weekly D845 Thomas MILLS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Cherry Grant, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Aubin Wade Robinson, Assistant Attorney General, West Palm Beach, for appellee.
We reverse Appellant's sentence and remand for resentencing under a corrected scoresheet.
It was error to score 21 points for being under legal constraint as there is no testimony or written evidence before the court that Appellant was under any type of constraint at the time of the offense. Brown v. State, 632 So.2d 1052, 1053 (Fla. 5th DCA 1994). See also Schott v. State, 641 So.2d 465 (Fla. 4th DCA 1994); Blanton v. State, 546 So.2d 1181, 1183 (Fla. 5th DCA 1989).
It was also error to score points for two juvenile felony commitments that show on their face that Appellant was not represented by counsel. As to one, there was no attorney and no evidence of a waiver. As to the other, there also was no attorney and a purported waiver was deficient. The document was not a certified copy, and when Appellant objected, the state could not demonstrate that the signature was Appellant's. See § 39.061, Fla.Stat. (1995); Dickerson v. State, 586 So.2d 477, 478 (Fla. 4th DCA 1991); Cooper v. State, 538 So.2d 105 (Fla. 4th DCA 1989).
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Mills v. State, 97-3617.
...Appellant was before the trial court for re-sentencing following a successful appeal of his initial 25-year sentence in Mills v. State, 690 So.2d 735 (Fla. 4th DCA 1997). We found reversible error in the original sentence for impermissibly scored points for being under legal constraint and ......
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Polanco v. State, 96-3005
...evidence before the trial court, that defendant was under legal constraint when he committed this offense. See Mills v. State, 690 So.2d 735 (Fla. 4th DCA 1997); Schott v. State, 641 So.2d 465 (Fla. 4th DCA 1994); Brown v. State, 632 So.2d 1052 (Fla. 5th DCA 1994). Without that evidence, th......
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