Thompson v. State, 90-1259
| Decision Date | 17 September 1991 |
| Docket Number | No. 90-1259,90-1259 |
| Citation | 585 So.2d 1130 |
| Parties | 16 Fla. L. Weekly D2458 Elvin Richard THOMPSON, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender and Louis Campbell, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen. and Richard Fechter, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and NESBITT and GODERICH, JJ.
The sentence imposed below is vacated and the cause remanded for resentencing on a properly calculated guidelines scoresheet. See Gordon v. State, 572 So.2d 33 (Fla. 4th DCA 1991); Dawson v. State, 532 So.2d 89 (Fla. 4th DCA 1988). Since the defendant was subject only to a mutual restraining order in his dissolution proceeding, points may not be included for "legal status" under section 3.701 d 6, Florida Rules of Criminal Procedure, see Jaggers v. State, 509 So.2d 1165 (Fla. 1st DCA 1987), aff'd, 526 So.2d 682 (Fla.1988); Mize v. State, 495 So.2d 845 (Fla. 3d DCA 1986). Moreover, only such prior convictions as are determined valid and appropriate by the trial court shall be scored. See Brantley v. State, 570 So.2d 364 (Fla. 3d DCA 1990), cause dismissed, 576 So.2d 285 (Fla.1990).
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Morris v. State, 97-1710
...scoresheet if required, and if also required, resentence the defendant pursuant to the sentencing guidelines. See Thompson v. State, 585 So.2d 1130 (Fla. 3d DCA 1991); Brantley v. State 570 So.2d 364 (Fla. 3d DCA), cause dismissed, 576 So.2d 285 Reversed and remanded. ...
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Randolph v. State, 92-898
...2 However, the violation of a restraining order does not support the addition of legal constraint points. See Thompson v. State, 585 So.2d 1130 (Fla.3d DCA 1991). The erroneous addition of these points bumped the recommended range of 3 1/2 to 4 1/2 years' incarceration up to the next cell o......