Opinion
No. 98-3113
Opinion filed July 19, 1999.
An appeal from the Circuit Court for Bay County, Don Sirmons, Judge.
Nancy A. Daniels, Public Defender, and Edgar Lee Elzie, Jr., Assistant Public Defender, Tallahassee, Attorneys for Appellant.
Robert A. Butterworth, Attorney General, and Denise O. Simpson, Assistant Attorney General, Tallahassee, Attorneys for Appellee.
This cause is before us on appeal from a final judgment and sentence ordering Appellant to serve 28 months' imprisonment for three counts of violation of probation. We remand to the trial court for resentencing, as it appears that the trial court erroneously multiplied community sanction violation points by the number of counts presented. § 921.014, Fla. Stat. (Supp. 1996); rule 3.703(d)(17), Fla. R. Crim P. We direct that the trial court resentence in light of Williams v. State, 720 So.2d 590 (Fla. 2d DCA 1998), noting that, in contrast toWilliams, Appellant violated his probation and committed two new misdemeanors, which should be considered. Accordingly, we reverse and remand for resentencing.
BARFIELD, C.J., and BOOTH and WOLF, JJ., CONCUR.