STATE v. MILLER (1999)

District Court of Appeal of Florida,Fourth District.

STATE of Florida, Appellant, v. Jovanek MILLER, Appellee.

No. 98-1862.

Decided: October 13, 1999

Robert A. Butterworth, Attorney General, Tallahassee, and Leslie T. Campbell, Assistant Attorney General, West Palm Beach, for appellant. Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellee.

Appellee, Jovanek Miller, was sentenced to time served for violation of probation and six months in county jail for burglary of a conveyance. The trial court sentenced Miller for both offenses on the same day but utilized two separate guideline scoresheets to calculate the sentences. The State appeals on the ground that the trial court erred in failing to use one scoresheet for all of the offenses pending before the court at the time of sentencing. We agree. Because both of Miller's offenses fell under the same version of the sentencing guidelines, the trial court should have utilized one guideline scoresheet. See Fla. R.Crim. P. 3.703(d)(2); Harris v. State, 619 So.2d 1043, 1044 (Fla. 4th DCA 1993).

Reversed and remanded for resentencing.

PER CURIAM.

WARNER, C.J., FARMER and STEVENSON, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

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.

Explore the Network