Robinson v. State, 96-01166

• Citation: 694 So.2d 882
• Decision Date: 13 June 1997
• Docket Number: No. 96-01166,96-01166
• Parties: 22 Fla. L. Weekly D1453 Hugh W. ROBINSON, Jr., Appellant, v. STATE of Florida, Appellee.
• Court: Court of Appeal of Florida (US)

Page 882

694 So.2d 882

22 Fla. L. Weekly D1453

Hugh W. ROBINSON, Jr., Appellant, v. STATE of Florida, Appellee.

No. 96-01166.

District Court of Appeal of Florida Second District.

June 13, 1997.

James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

SCHOONOVER, Judge.

The appellant, Hugh W. Robinson, Jr., challenges the sentences imposed upon him pursuant to the sentencing guidelines. We agree with the appellant's contention that the guidelines scoresheet improperly contained twelve points, instead of six points, for violation of a release program. Because of that error and because the court erred in awarding the appellant credit for time served on community control, we reverse and remand for resentencing.

The appellant, after entering nolo contendere pleas, was originally sentenced to serve three concurrent sentences of two years on community control to be followed by three years of probation. The three offenses were prosecuted in two different cases, but were all committed on December 13, 1994.

Less than a year after the appellant was sentenced, he was charged with, and pled guilty to, violating the terms and conditions of his community control. Over the appellant's objection, the sentencing scoresheet included twelve points for release program violations. The appellant contended that this violation was the first violation of his community control and that only six points should have been included on the scoresheet. The trial court held that because the appellant was also on probation in another county, he violated two release programs and should receive six points for each violation. After defense counsel improperly advised the trial court that the appellant was entitled to credit for time served on community control, the court sentenced appellant to serve thirty-six months in prison and gave appellant credit for time served on community control. This timely appeal followed.

Florida Rule of Criminal Procedure 3.702(d)(10) provides:

"Release program violations" occur when the defendant is found to have violated a condition of a release program designated in subsection 921.011(6). Six points shall be assessed for each violation up to a maximum of 18 points in the case of multiple violations. Where there are multiple violations, points in excess of 6 may be assessed only for each successive violation that follows the reinstatement or modification of the release program and are not to be...