Richards v. State, 85-2744

• Decision Date: 18 February 1987
• Docket Number: No. 85-2744,85-2744
• Parties: 12 Fla. L. Weekly 587 Donald L. RICHARDS, a/k/a William L. McGraw, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1000

502 So.2d 1000

12 Fla. L. Weekly 587

Donald L. RICHARDS, a/k/a William L. McGraw, Appellant, v. STATE of Florida, Appellee.

No. 85-2744.

District Court of Appeal of Florida,

Second District.

Feb. 18, 1987.

James Marion Moorman, Public Defender, and Joel E. Grigsby, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kim W. Munch, Asst. Atty. Gen., Tampa, for appellee.

DANAHY, Chief Judge.

This case involves the same set of circumstances that was presented to this court in Boston v. State, 481 So.2d 550 (Fla. 2d DCA 1986). The circumstances here occurred prior to our decision in Boston, however, and the trial judges did not have the benefit of that decision.

The appellant was charged with various offenses in three cases pending before two separate judges of the Circuit Court of Lee County. Two cases were before Judge Wallace Pack and the other was before Judge Thomas S. Reese. The cases were all pending for sentencing, but each judge sentenced separately. On October 8, 1985, Judge Reese sentenced the appellant to three and one-half years for burglary of a dwelling and one year consecutive for grand theft, or a total of four and one-half years. On November 4, 1985, Judge Pack sentenced the appellant in one case to five and one-half years for burglary and concurrent five-year terms for two grand theft counts. He sentenced the appellant in the other case to concurrent five-year terms for uttering a forgery and grand theft. The sentences in each case were made consecutive to the sentences in the other case. The appellant's counsel brought to Judge Pack's attention that Judge Reese had previously imposed sentences on the appellant and requested that Judge Pack order the sentences imposed by him to run concurrently to the sentences imposed by Judge Reese. Judge Pack declined to do so, with the result that the sentences imposed by him run consecutively to those imposed by Judge Reese. Thus, the appellant was sentenced to a total of fifteen years imprisonment. He has not appealed the sentences imposed by Judge Reese, but has appealed the sentences imposed by Judge Pack.

In Boston, we pointed out that Florida Rule of Criminal Procedure 3.701(d)(1), states that "one guideline scoresheet shall be prepared for each defendant covering all offenses pending before the court for sentencing." In Boston, as in this case, the defendant apparently made no motion to consolidate the cases for sentencing, but did raise the point before Judge Pack. We expressed our agreement with the rule that the sentencing court is responsible for the accurate preparation of scoresheets and the burden is upon the trial court to...