Florida District Courts of Appeal, 2000

Major v. State

Major v. State
Florida District Courts of Appeal · Decided May 26, 2000 · Cobb, Griffin, Sharp
758 So. 2d 1249; 2000 Fla. App. LEXIS 6413; 2000 WL 678836 (Southern Reporter, Second Series)

Major v. State

Opinion of the Court

COBB, J.

We affirm the order revoking probation. See Griffin v. State, 719 So.2d 972 (Fla. 4th DCA 1998); Reyes v. State, 711 So.2d 1378 (Fla. 2d DCA 1998). However, the defendant’s sentence is reversed due to the erroneous assessment, pursuant to Florida Rule of Criminal Procedure 3.703(d)(17), of 12 points for community sanction violation. The rule provides for scoring of 12 community sanction violation points “if the [probation] violation results from a new felony conviction.” The defendant, however, was not convicted of a new felony offense and accordingly only 6 points should have been assessed for community status violation. Since a corrected scoresheet results in a different sentencing range, the cause is remanded for resentencing.

PROBATION REVOCATION AFFIRMED; SENTENCE REVERSED; AND CAUSE REMANDED FOR RE-SENTENCING.

W. SHARP and GRIFFIN, JJ., concur.

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