Allen v. State
Allen v. State
Opinion of the Court
Allen appeals from the sentences he received in two criminal cases which were pending for sentencing in the same county at the same time. He argues he received a departure sentence because different trial judges imposed separate sentences and employed two different scoresheets. The state agrees error occurred.
In case number 84-1230, on June 1,1988, Allen’s probation was revoked and he was sentenced to two years community control for burglary of a structure.
Florida Rule of Criminal Procedure 3.701.d.l. provides that “[o]ne guideline scoresheet shall be utilized for each defendant covering all offenses pending before the court for sentencing.” It is error to not combine all cases pending and ripe for sentencing in the same county on one scoresheet. Gallagher v. State, 476 So.2d 754 (Fla. 5th DCA 1985).
Accordingly, we quash the sentences appealed and remand for resentencing, utilizing one scoresheet. We affirm the convictions.
AFFIRM convictions; QUASH sentences and REMAND for resentencing.
. § 810.02, Fla.Stat. (1983).
. § 812.019, Fla.Stat. (1987)..
.Allen filed a guilty plea on May 27, 1988.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.