Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

Brett Raburn WILLIAMS, Appellant, v. STATE of Florida, Appellee.

PER CURIAM.

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.

CAMPBELL, A.C.J., and THREADGILL and CASANUEVA, JJ., concur.

Use AI to get other relevant cases.

Comments

WILLIAMS v. STATE
(Oct 16, 1998)