Florida District Courts of Appeal, 1992

Painter v. State

Painter v. State
Florida District Courts of Appeal · Decided January 22, 1992 · Farmer, Letts, Polen
591 So. 2d 684; 1992 Fla. App. LEXIS 359; 1992 WL 7207 (Southern Reporter, Second Series)

Painter v. State

Opinion of the Court

LETTS, Judge.

This is an appeal of the trial court’s order revoking appellant’s community control and sentencing her to five years imprisonment.

Appellant argues that the sentence constitutes an impermissible departure from her guidelines range of two and one-half years to four and one-half years since the court failed to provide oral or written reasons for the departure. Alternatively, she argues that the trial court erred by sentencing her without a guidelines score-sheet.

The state correctly concedes that the record does not contain a scoresheet and that without one, resentencing in accordance with the two and one-half to four and one-half year guidelines is in order. We find no merit in the other point raised on appeal.

AFFIRMED IN PART; REVERSED IN PART.

POLEN and FARMER, JJ., concur.

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