Thomas v. State, 659 So. 2d 404

PER CURIAM.

We reverse and remand appellant’s sentence for rescoring with a correct guidelines sheet because (1) he should not have been assessed 6 points for the violation of a single release program order, Florida Rule of Criminal Procedure 3.702(d)(10), and (2) for correction of the written findings to support the habitual offender sentence, which the state concedes are erroneous. Although we recognize that these errors will not necessarily result in a different sentence, we are not willing to assume that a change in appellant’s score will not affect the court’s discretion in imposing his sentence. Cochran v. State, 592 So.2d 784 (Fla. 4th DCA 1992).

DELL and KLEIN, JJ., and RIVKIND, LEONARD, Associate Judge, concur.

Case Details

Case Name: Thomas v. State

Court Name: District Court of Appeal of Florida

Date Published: Aug 2, 1995

Citations: 659 So. 2d 404; 1995 WL 455462; 1995 Fla. App. LEXIS 8199; No. 94-2757

Docket Number: No. 94-2757

Court Abbreviation: Fla. Dist. Ct. App.