SCHAAL v. STATE (1999)

District Court of Appeal of Florida,First District.

Barry W. SCHAAL, Appellant, v. STATE of Florida, Appellee.

No. 98-4377.

Decided: November 17, 1999

Nancy A. Daniels, Public Defender and Richard M. Summa, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General and Veronica S. McCrackin, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

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.

PER CURIAM.

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

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