Gilmore v. State

Full title: Timmy Lee GILMORE, Appellant, v. STATE of Florida, Appellee

Court: District Court of Appeal of Florida, Second District

Date published: Jan 8, 1999

724 So. 2d 647 (Fla. Dist. Ct. App. 1999)

Opinion

No. 97-02083

January 8, 1999.

Appeal from the Circuit Court, Hillsborough County, Barbara Fleischer, Judge.

James Marion Moorman, Public Defender, and Douglas Chanco, Assistant Public Defender, Bar for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Patricia E. Davenport, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Timmy Lee Gilmore aps the sentences imposed following the violations of community control. We reverse the sentences.

Gilmore pled guilty three counts of attempted sexual battery and one count of lewd lascivious conduct and was placed on community control. Committed multiple violations of his community control. The trial court revoked Gilmore's community control and sentenced him to concurrent terms of thirty years in prison for each of the attempted sexual battery counts and fifteen years in prison for lewd and lascivious act. Gilmore appeals only the sentence.

When there are multi-violations, the sentences may be increased one cell or guideline range for each violation. See Williams v. State, 594 So.2d 273 (Fla. 1992). However, the term "multiple violations" refers to excessive violations which follow the reinstatement or modification of the community control rather than the violation of several conditions of a single order. See Williams, 594 So.2d 273 n. 3.

The trial court in this case increased Gilmore's sentence three cells. This was erroneous because the three violations of community control are not successive violations which followed the reinstatement or modification of Gilmore's community control. See Williams, 594 So.2d 273; see also, Williams v. State, 720 So.2d 590, 23 Fla. L. Weekly D2323 (Fla. 2d DCA Oct. 16, 1998).

Accordingly, we vacate Gilmore's sentences and remand for resentencing with a correct scoresheet which reflects only a single violation of community control.

Reversed and remanded.

THREADGILL, A.C.J., and NORTHCUTT and GREEN, JJ., Concur.