Williams v. State, 94-3356
Citation | 678 So.2d 4 |
Decision Date | 07 August 1996 |
Docket Number | No. 94-3356,94-3356 |
Parties | 21 Fla. L. Weekly D1783 James Anthony WILLIAMS, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the revocation of probation but reverse the sentence to correct two sentencing errors. The face of the original scoresheet shows no additional points for legal restraint; hence it was error to add such points to the sentence after the violation of probation. The state concedes that the trial court erred in the degree of the offense.
AFFIRM VIOLATION OF PROBATION; REVERSE SENTENCE AND REMAND FOR RESENTENCING.
To continue reading
Request your trial-
Martinez v. State
...if all the state could show was that Appellant was under a legal constraint when his community control was revoked. See Williams v. State, 678 So.2d 4 (Fla. 4th DCA 1996); Taylor v. State, 485 So.2d 900 (Fla. 4th DCA 1986); Burkhalter v. State, 578 So.2d 345 (Fla. 1st DCA 1991). As this cou......
-
Kingsley v. State
...sentence and remand to the trial court for it to sentence Kingsley utilizing the original guidelines scoresheet. See Williams v. State, 678 So.2d 4 (Fla. 4th DCA 1996) (reversing for resentencing after violation of probation where trial court added points for legal restraint although origin......
-
Carrigan v. State
...does not permit the same victim injury points to be assessed upon a violation of probation. 810 So.2d at 1011. But see Williams v. State, 678 So.2d 4 (Fla. 4th DCA 1996) (where original scoresheet showed no additional points for legal restraint, it was error to add such points after violati......
-
Merkt v. State, 4D99-0778.
...with the Florida Supreme Court's decision in Roberts v. State, 644 So.2d 81 (Fla.1994), and our later opinion in Williams v. State, 678 So.2d 4 (Fla. 4th DCA 1996). The state agrees and concedes error. However, we disagree with the state's concession of error on this In Roberts, the supreme......