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JOLLY v. STATE

No. 85-2613.

502 So.2d 1324 (1987)

Eric JOLLY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 25, 1987.

Attorney(s) appearing for the Case

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

Robert A. Butterworth, Jr., Atty. Gen., Tallahassee and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm appellant's conviction. However, we reverse the sentence imposed by the trial court. The trial court incorrectly scored appellant's violation of probation as a prior record conviction. The violation of probation should have been scored as the primary offense because it was an offense pending before the court at the time of the sentencing. Rule 3.701(d)(4), Fla.R.Crim.P. See also State v. Salsberry, 487 So.2d 402...

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