Greene v. State
In an Anders appeal, the Fifth DCA affirmed a sentence imposed after revocation of probation where the State's revised scoresheet added 40 points for severe victim injury that had been omitted from the original scoresheet. The court distinguished its own precedent in Kingsley v. State, holding that unlike Kingsley (where the original court had made an affirmative finding of only slight injury), here the trial court found the victim injury points were simply mistakenly omitted at the original sentencing, making revision permissible under Roberts v. State.
Key facts
- Greene was on probation when the State sought revocation and resentencing.
- At the original sentencing, the trial court's scoresheet omitted 40 points for severe victim injury.
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Why it matters
This opinion clarifies the line between Kingsley and Roberts on post-revocation scoresheet revisions: courts may correct mistaken omissions of victim injury points on resentencing after a probation violation, but may… — full analysis with a trial
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