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Baldwin v. State

District Court of Appeal of Florida, Second District
Oct 3, 1997
700 So. 2d 95 (Fla. Dist. Ct. App. 1997)

Summary

holding that on resentencing, the defendant is permitted to challenge prior convictions used in his sentencing guidelines scoresheet, even if he had not challenged them at his original sentencing; resentencing is a de novo sentencing hearing and the State is not excused from proving the defendant's challenged prior record

Summary of this case from Forman v. State

Opinion

Case No. 96-01684.

Opinion filed October 3, 1997.

Appeal from the Circuit Court for Hillsborough County; M. William Graybill, Judge.

James Marion Moorman, Public Defender, and Amy Porinchak Thornhill, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Tracy L. Martinell, Assistant Attorney General, Tampa, for Appellee.


Donald Baldwin appeals his resentencing following a reversal and remand on appeal. He contends that the trial court erred at his resentencing by failing to require the State to provide proof of his prior convictions. We agree with his contention and accordingly, reverse and remand for resentencing.

When a defendant challenges the accuracy of prior convictions included on his sentencing guidelines scoresheet, the State is required to produce competent evidence to support those convictions. See Watson v. State, 591 So.2d 951 (Fla. 2d DCA 1991). When Baldwin voiced his challenge the State alleged it was unable to corroborate the challenged convictions because the records had been destroyed. The trial court determined that Baldwin was barred from challenging the prior convictions because he had not challenged them at his original sentencing. The court then imposed a legal sentence under a scoresheet that included the challenged convictions. If the points for the challenged convictions are removed, Baldwin falls into a lower permitted sentence range and the imposed sentence would be an upward departure from the guidelines.

We agree with Baldwin's argument that he was entitled to a de novo sentencing hearing. Further, we conclude that the trial court improperly applied the doctrine of laches. That doctrine requires an inordinate delay on the part of the moving party, and that the State must be prejudiced by this delay. See Simmons v. State, 485 So.2d 475 (Fla. 2d DCA 1986). A timely-filed, successful appeal is not "inordinate delay" by an appellant. The record does not contain any proof of inordinate delay by Baldwin.

Because there was insufficient evidence to show that the delay and the destruction of the records was caused by Baldwin, the trial court erroneously excused the State from complying with its responsibility of proving Baldwin's challenged prior record. Accordingly, we reverse and remand for resentencing. At resentencing, if the State is unable to corroborate Baldwin's challenged prior record, he shall be resentenced under a new scoresheet.

Reversed and remanded for resentencing.

FULMER and WHATLEY, JJ., Concur.


Summaries of

Baldwin v. State

District Court of Appeal of Florida, Second District
Oct 3, 1997
700 So. 2d 95 (Fla. Dist. Ct. App. 1997)

holding that on resentencing, the defendant is permitted to challenge prior convictions used in his sentencing guidelines scoresheet, even if he had not challenged them at his original sentencing; resentencing is a de novo sentencing hearing and the State is not excused from proving the defendant's challenged prior record

Summary of this case from Forman v. State

holding defendant could challenge the accuracy of a list of prior convictions on his scoresheet for first time at resentencing

Summary of this case from Dortch v. State

holding defendant could challenge the accuracy of a list of prior convictions on his scoresheet for first time at resentencing

Summary of this case from Dortch v. State

holding that on re-sentencing, a defendant is entitled to receive a de novo sentencing hearing and can challenge his prior record even though the prior convictions had not been previously challenged

Summary of this case from Smith v. State

holding that on resentencing, a defendant is entitled to a de novo sentencing hearing and may challenge his prior record even though the priors had not been previously challenged

Summary of this case from St. Lawrence v. State

holding that on resentencing, a defendant is entitled to a de novo sentencing hearing and may challenge his prior record even though the priors had not been previously challenged

Summary of this case from June v. State

agreeing that because resentencing is a new proceeding, the defendant may challenge the accuracy of prior convictions included on his scoresheet, even though he did not challenge them at the original sentencing

Summary of this case from State v. Collins

agreeing that because resentencing is a new proceeding, the defendant may challenge the accuracy of prior convictions included on his scoresheet, even though he did not challenge them at the original sentencing

Summary of this case from Dean v. State

In Baldwin the defendant had not attacked the state's proof of his prior convictions at his original sentencing, but he attempted to challenge them at his resentencing.

Summary of this case from Clarke v. State
Case details for

Baldwin v. State

Case Details

Full title:DONALD BALDWIN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Oct 3, 1997

Citations

700 So. 2d 95 (Fla. Dist. Ct. App. 1997)

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