Narrative Opinion Summary
Kenneth Webb appeals his conviction and sentence for uttering a forged document. The court affirms the conviction but identifies errors in the sentencing process. Specifically, the trial court failed to require the state to corroborate the accuracy of the scoresheet regarding prior convictions, which is necessary under established case law (Smith v. State and Delaine v. State). Additionally, the court finds that the trial court erred in sentencing Webb as a habitual offender without making the required specific findings of fact to justify an extended term of imprisonment for public protection, as mandated by Eutsey v. State and Scott v. State. Consequently, the court vacates Webb’s sentence and remands for resentencing, allowing for habitual offender sentencing if proper findings are made in accordance with section 775.084(3), Florida Statutes (1987). Judges Schoonover and Frank concur with the decision.
Legal Issues Addressed
Corroboration of Scoresheet Accuracysubscribe to see similar legal issues
Application: The court emphasizes the necessity for the state to corroborate the accuracy of the scoresheet regarding prior convictions during sentencing.
Reasoning: Specifically, the trial court failed to require the state to corroborate the accuracy of the scoresheet regarding prior convictions, which is necessary under established case law (Smith v. State and Delaine v. State).
Habitual Offender Sentencing Requirementssubscribe to see similar legal issues
Application: The trial court erred in sentencing Webb as a habitual offender without making the specific findings of fact required to justify an extended term of imprisonment for public protection.
Reasoning: Additionally, the court finds that the trial court erred in sentencing Webb as a habitual offender without making the required specific findings of fact to justify an extended term of imprisonment for public protection, as mandated by Eutsey v. State and Scott v. State.
Remand for Resentencing with Proper Findingssubscribe to see similar legal issues
Application: The court vacates Webb’s sentence and remands for resentencing, permitting habitual offender sentencing if the trial court makes the proper findings in accordance with statutory requirements.
Reasoning: Consequently, the court vacates Webb’s sentence and remands for resentencing, allowing for habitual offender sentencing if proper findings are made in accordance with section 775.084(3), Florida Statutes (1987).