Scherwitz v. State
| Decision Date | 13 October 1994 |
| Docket Number | No. 82006,82006 |
| Citation | 644 So.2d 85 |
| Court | Florida Supreme Court |
| Parties | 19 Fla. L. Weekly S525 William C. SCHERWITZ, Petitioner, v. STATE of Florida, Respondent. |
Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions, Fifth District--No. 92-2372, St. Johns County.
James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Seventh Judicial Circuit, Daytona Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for respondent.
We have for review Scherwitz v. State, 618 So.2d 793 (Fla. 5th DCA 1993), because of conflict with Graham v. State, 559 So.2d 343 (Fla. 4th DCA 1990), on the issue of whether in resentencing a defendant after revocation of probation or community control, a court has authority to revise a guidelines scoresheet to include prior convictions that were mistakenly omitted from the original through no fault of the defendant. We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
In Roberts v. State, 644 So.2d 81 (Fla.1994), this Court has rejected the rationale of Graham and resolved the issue in the instant case adversely to Scherwitz's position. Therefore, we approve the decision below.
It is so ordered.
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Holmes v. State, 98-1274.
...offense, thus resulting in a greater term of imprisonment, relying on Roberts v. State, 644 So.2d 81 (Fla.1994), and Scherwitz v. State, 644 So.2d 85 (Fla.1994). In both Roberts and Scherwitz, supra, the court held that it was proper, after revocation of probation, to amend the guidelines s......
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State v. Marshall
...though the error was made through no fault of defendant. See also Scherwitz v. State, 618 So.2d 793 (Fla. 5th DCA 1993), approved, 644 So.2d 85 (Fla.1994). The defendant in Roberts was the beneficiary of a mistake in his original guidelines scoresheet, just as Mr. Marshall is here. The Flor......
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Bransfield v. State, 93-2895
...of probation, the trial judge may use a revised, corrected scoresheet. See Roberts v. State, 644 So.2d 81 (Fla.1994); Scherwitz v. State, 644 So.2d 85 (Fla.1994). Bransfield also argues he has received a sentence which exceeds the statutory maximum for a second degree felony--15 years. He a......