546 So. 2d 784 | Fla. Dist. Ct. App. | 1989
The defendant was sentenced in case number 87-344-CF on July 21, 1988, in Putnam County, Florida, by one circuit judge and on the same day in the same county, he was sentenced on case number 88-400-CF by another circuit judge. Each judge used a separate and different sentencing guidelines scoresheet with each scoresheet showing a different prior record.
The use of two scoresheets to calculate the defendant’s two sentences was error
SENTENCED VACATED; CAUSE REMANDED FOR RESENTENCING.
. The State concedes the error.
. The record on appeal does not affirmatively show that the 384 days prior jail time credited pursuant to section 921.161(1), Florida Statutes, on the sentence in case 87-344-CF includes the 49 days jail time between the defendant’s arrest in case 88-400-CF and his detainment for violation of probation in case number 87-344-CF. On resentencing, the record should affirmatively show that the defendant received credit on one case or the other for all jail time served.