Hubbs v. State
Hubbs v. State
Opinion of the Court
As part of a negotiation with the state, Appellant, Prentiss Hubbs, agreed to plead no contest to one count of possession of cocaine in exchange for the nolle prosequi of two other pending charges and a sentence
It is well settled that where a defendant disputes the accuracy of prior convictions used for sentencing purposes, the burden is on the state to provide proof corroborating the alleged prior record. Slaughter v. State, 585 So.2d 1087 (Fla. 3d DCA 1991); Moss v. State, 581 So.2d 182 (Fla. 2d DCA 1991); Mulligan v. State, 566 So.2d 76 (Fla. 4th DCA 1990). The two convictions which Hubbs disputes involve a Wisconsin attempted sexual assault conviction and a conviction for possession of a firearm by a convicted felon. At the sentencing hearing, Hubbs, an Okeechobee resident, denied having ever been to Wisconsin and denied ever possessing a firearm.
We note that the firearm conviction was expressly included in the sentencing guidelines seoresheet and weighted accordingly. The conviction for attempted sexual assault was not identified as such on the seoresheet, but was mentioned by the trial judge at sentencing. Hubbs argues that the offense is included in the section of the seoresheet which scores “8 unspecified misdemeanors.” While we doubt whether the Wisconsin sexual assault charge could be scored as a misdemeanor under the guidelines,
REVERSED AND REMANDED.
. In the instant case, the erroneous inclusion of either offense would affect the maximum sentence allowed by the guidelines, and therefore cannot be deemed harmless.
. Any prior out-of-state conviction should be assigned the score for the analogous or parallel Florida statute when recording points on a Florida sentencing guidelines seoresheet. Fla. R.Crim.P. 3.701(d)(5)(B) & (E).
Reference
- Full Case Name
- Prentiss HUBBS v. STATE of Florida
- Cited By
- 1 case
- Status
- Published