LOG IN
    SELECT A PUBLICATION:
Florida Law Weekly
FLW Supplement
FLW Federal
User Name:
Password:
 

CONTACT
    Toll-free: 800-351-0917
    E-mail us
    Submit Opinions
PLACE AN ORDER
    Print Editions
    Online Editions
    Bound Volumes
    2/24-Hour Online Access
OUR PUBLICATIONS
    Florida Law Weekly
    FLW Supplement
    FLW Federal
    Collected Cases
    Sample FLW Online
RESEARCH
    Cross Citations
    Week In Review
    Rule Revisions
    Review Granted
    Current Issue Index
     Civil Section
     Criminal Section
    2023 Cumulative Index
     Civil Section
     Criminal Section
    Public Reprimands
    Florida Statutes
    Helpful Links


   
22 Fla. L. Weekly D2184a

JEROME WILSON, Appellant, v. THE STATE OF FLORIDA, Appellee. 3rd District. Criminal law -- Probation revocation -- Evidence sufficient to prove willful and substantial violation for failure to complete sex offender program -- Sentencing -- Guidelines -- Scoresheet -- Error to assess points for penetration where state stipulated that evidence showed contact rather than penetration -- Defendant entitled to credit for time served from initial arrest until sentencing

JEROME WILSON, Appellant, v. THE STATE OF FLORIDA, Appellee. 3rd District. Case No. 96-3039. L.T. Case No. 94-9475. Opinion filed September 17, 1997. An Appeal from the Circuit Court for Dade County, Robert N. Scola, Jr., Judge. Counsel: Bennett H. Brummer, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant. Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for appellee.

(Before COPE, GERSTEN and SHEVIN, JJ.)

(PER CURIAM.) We affirm the order revoking Wilson's probation as the evidence is sufficient to prove a willful and substantial violation for failure to complete the sex offender program. See Chamness v. State, 22 Fla. L. Weekly D1882 (Fla. 2d DCA Aug. 1, 1997). However, we vacate the sentence and remand for resentencing. As the state properly concedes, the court erred in assessing 40 points for penetration on the sentencing guidelines scoresheet. The state stipulated that the evidence showed sexual contact, rather than penetration. Thus, the scoresheet should have included only 18 points for contact. See State v. Montague, 682 So. 2d 1085 (Fla. 1996). In addition, the state properly acknowledges that the court erred in failing to award Wilson credit for the time served from his initial arrest on March 21, 1994 until the December 16, 1994 sentencing. See Miles v. State, 536 So. 2d 262 (Fla. 3d DCA 1988), affirmed on other grounds, 558 So. 2d 1001 (Fla. 1990). The court only awarded Wilson 186 days credit for time served awaiting the probation violation hearing. Upon resentencing, the court shall award Wilson the additional credit for time served.

Revocation affirmed, sentence vacated, and cause remanded.

* * *