452 So. 2d 957 | Fla. Dist. Ct. App. | 1984
Bodine appeals from three sentences of thirty months to run concurrently for forgery
Florida’s' sentencing guidelines define “prior record” as “any past criminal conduct on the part of the offender, resulting in conviction, disposed of prior to the commission of the instant offense.” (Emphasis added). Fla.R.Crim.P. 3.701(d)(5)(a). This subsequently committed crime which formed the basis for Bodine’s probation
Under the guidelines the presumptive sentence in this case (minus the fifteen points improperly added) was the first bracket, any non-state prison sanction. The sentences given fell within the next bracket. We held in Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984), that if Florida Rule of Criminal Procedure 3.701(d)(ll) is complied with, the court may exceed the guideline range where there has been a violation of probation. We therefore vacate the sentences and remand for resentencing.
SENTENCE VACATED AND CAUSE REMANDED FOR RESENTENCING.
. § 831.01, Fla.Stat. (1981).
. § 831.02, Fla.Stat. (1981).
. § 790.23, Fla.Stat. (1983).
. See Duggar v. State, 446 So.2d 222 (Fla. 1st DCA 1984).