Williams v. State

Full title: JAMES ANTHONY WILLIAMS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Aug 7, 1996

678 So. 2d 4 (Fla. Dist. Ct. App. 1996)

Opinion

No. 94-3356.

August 7, 1996.

Appeal from the Circuit Court, St. Lucie County, James B. Balsiger, J.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, Judge.

We affirm the revocation of probation but reverse the sentence to correct two sentencing errors. The face of the original scoresheet shows no additional points for legal restraint; hence it was error to add such points to the sentence after the violation of probation. The state concedes that the trial court erred in the degree of the offense.

AFFIRM VIOLATION OF PROBATION; REVERSE SENTENCE AND REMAND FOR RESENTENCING.

DELL and SHAHOOD, JJ., concur.