GRIGSBY v. STATE

No. 87-0809.

513 So.2d 795 (1987)

Ruby Lee GRIGSBY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 14, 1987.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.


STONE, Judge.

Defendant was sentenced following a revocation of his probation. The scoresheet used in computing the guideline sentence included points for being under a legal constraint at the time of the offense. It is undisputed, however, that he was under no legal constraint at that time. In fact, the only restriction on defendant was the probation sentence imposed after the offense.

The state contends that a prior violation of this probation justifies...

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