Lena Mae Carter v. State Florida

Carter appeals from the revocation of her probation and sentence of eighteen months. The sole issue on appeal is whether the trial judge properly calculated the sentence under the new sentencing guidelines. Fla.R.Crim.P. 3.701. We think the trial court erroneously added points to the sentencing guidelines score sheet for Carter's violation of probation, thereby pushing the sentence beyond the recommended maximum range. However, we think that violation of probation may serve as a basis for imposing a sentence higher than the recommended range, upon appropriate findings by the court. Fla.R.Crim.P. 3.701(d)(6) & (11). In this case appellant pleaded guilty on April 10, 1981, to resisting an officer with violence,1{/Cite} and was placed on probation for three years. On June 24, 1983, the state filed an affidavit of violation of probation: