Schaal v. State

Florida District Courts of Appeal
Schaal v. State, 743 So. 2d 1229 (1999)
1999 Fla. App. LEXIS 15148; 1999 WL 1036514
Allen, Booth, Padovano

Schaal v. State

Opinion of the Court

PER CURIAM.

We conclude that the trial court erred as a matter of law in computing the appellant’s score under the sentencing guidelines. The trial court assessed a total of thirty-six points for a community sanction violation, six points for each of the six cases before the court for sentencing. Because the appellant’s probation violations were not successive, the points assigned for a community sanction violation should not have been applied cumulatively for each case. See Brown v. State, No. 98-3051, 741 So.2d 1242 (Fla. 1st DCA 1999); Williams v. State, 720 So.2d 590 (Fla. 2d DCA 1998). Accordingly, we vacate the appellant’s sentences and remand for sentencing with a corrected scoresheet reflecting a combined total of not more than six points as a community sanction violation.

Vacated and remanded.

ALLEN and PADOVANO, JJ., CONCUR. BOOTH, J., DISSENTS.

Reference

Full Case Name
Barry W. SCHAAL v. STATE of Florida
Cited By
2 cases
Status
Published