Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Brett Raburn WILLIAMS, Appellant, v. STATE of Florida, Appellee.
Brett Raburn Williams appeals his sentence imposed following a violation of probation. We agree with him that the assessment of twelve points on his sentencing guidelines scoresheet for community sanction violation is erroneous, and that Florida Rule of Criminal Procedure 3.703(d)(17) does not contemplate that two distinct violations of a single community sanction constitute “successive violations” within the meaning of that rule. A successive violation, by the clear terms of the rule, must follow a prior violation resulting in the continuation of supervision or the modification or revocation of it. The presumptive sentence under a corrected scoresheet will not involve a state prison sanction, so it cannot be said that the same sentence would have been imposed absent the error we here correct. See Annunziata v. State, 697 So.2d 997, 999 (Fla. 5th DCA 1997); Huffman v. State, 611 So.2d 2, 3 (Fla. 2d DCA 1992) (holding that resentencing is unnecessary in light of scoresheet error only if court determines that error is harmless beyond a reasonable doubt). Accordingly, we vacate Williams' sentence and remand for resentencing with a corrected scoresheet which reflects only six points for community sanction violation.
Reversed and remanded.
PER CURIAM.
CAMPBELL, A.C.J., and THREADGILL and CASANUEVA, JJ., concur.
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: No. 97-05042.
Decided: October 16, 1998
Court: District Court of Appeal of Florida,Second District.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)