418 So.3d 813
Fla. Dist. Ct. App.2025Background
- Aliyah Greene pled guilty to kidnapping and conspiracy to commit kidnapping in 2022.
- As part of her plea, she received five years' probation for kidnapping and time served for conspiracy.
- The original scoresheet omitted victim injury points, despite evidence of severe injury to the victim.
- Greene later violated her probation by possessing methamphetamines.
- At sentencing for this violation, the State revised the scoresheet to include 40 points for severe victim injury, which Greene challenged.
Issues
| Issue | Greene's Argument | State's Argument | Held |
|---|---|---|---|
| Whether scoresheet could be revised to include omitted injury points at VOP sentencing | Points can’t be added under Kingsley since not originally scored | Omitted points may be added since no injury determination was ever made | Court can revise and add points |
| Applicability of Kingsley v. State to Greene's case | Kingsley bars addition of injury points after the fact | Kingsley distinguishable; original sentencing made no determination | Kingsley not applicable |
| Whether omission of points at original sentencing precludes correction later | Points omitted should stand as sentenced | Points mistakenly omitted can be corrected at VOP sentencing | Correction allowed |
| Presence of reversible error on record | Denial of point reduction was error | No error present | No reversible error; affirmed |
Key Cases Cited
- Kingsley v. State, 682 So. 2d 641 (Fla. 5th DCA 1996) (reversal required when trial court rescores victim injury after prior determination at original sentencing)
- Roberts v. State, 644 So. 2d 81 (Fla. 1994) (court can correct scoresheet errors after VOP; justice not served by perpetuating error)
- State v. Causey, 503 So. 2d 321 (Fla. 1987) (no reversible error where record shows none apparent)