Florida District Courts of Appeal, 1992

Kalina v. State

Kalina v. State
Florida District Courts of Appeal · Decided March 6, 1992 · Frank, Patterson, Ryder
596 So. 2d 1114; 1992 Fla. App. LEXIS 1906; 1992 WL 41485 (Southern Reporter, Second Series)

Kalina v. State

Opinion of the Court

PATTERSON, Judge.

We find no merit in the appellant’s arguments relating to his conviction for armed robbery, and we affirm the judgment. As to the sentence, the state did not prove disputed foreign convictions scored as prior record, and the state concedes error. See English v. State, 529 So.2d 1272 (Fla. 2d DCA 1988). Thus, we reverse the sentence and remand for resentencing. The guidelines score must be recalculated to reflect prior convictions that the state can verify. On remand the trial court may impose a departure sentence if there is a valid basis to do so, because at the original sentencing the trial court believed it was imposing a guidelines sentence. See State v. Vanhorn, 561 So.2d 584 (Fla. 1990).

Affirmed in part, reversed in part, and remanded.

RYDER, A.C.J., and FRANK, J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.