Stepps v. State, 675 So. 2d 1008

PER CURIAM.

The appellant challenges the revocation of his community control, and the imposition of a sentence of imprisonment. Because there was sufficient evidence to support the determination that the appellant willfully and substantially violated the conditions of community control, the revocation is affirmed. However, on remand the court should amend the revocation order to reflect the specific violations as orally pronounced. Gregg v. State, 643 So.2d 106 (Fla. 1st DCA 1994).

A Florida Rule of Criminal Procedure 3.990 guidelines scoresheet was improperly used in this case, as this scoresheet does not apply to offenses committed before 1994. See Fla. R.Crim. P. 3.702(a); § 921.001(4)(b)2, Fla. Stat. (Supp.1994). The use of this scoresheet altered the applicable guidelines range for a nondeparture sentence, and requires resentencing with a proper guidelines scoresheet. E.g., Gregory v. State, 666 So.2d 222 (Fla. 2d DCA 1995); Johnson v. State, 583 So.2d 386 (Fla. 1st DCA 1991). The sentence is therefore vacated, and the case is remanded.

MINER, ALLEN and MICKLE, JJ., concur.

Case Details

Case Name: Stepps v. State

Court Name: District Court of Appeal of Florida

Date Published: Jun 18, 1996

Citations: 675 So. 2d 1008; 1996 WL 329596; 95-3404

Docket Number: 95-3404

Court Abbreviation: Fla. Dist. Ct. App.