Violation Of Probation Sentencing For Additional Offenses

When a defendant is to be sentenced upon a revocation of probation and prior to that revocation of probation the trial court’s jurisdiction over one or more of the originally sentenced offenses has expired, may the offenses over which the trial court no longer has jurisdiction be scored as additional offenses?  According to the Florida Supreme Court “Offenses over which the trial court no longer has jurisdiction cannot be scored as additional offenses during a sentencing proceeding following a violation of probation because they do not fit the definition of “additional offenses” set out in section 921.0021, Florida Statutes (1999).

See Sanders V. State, 35 So.3d 864 (Fla. 2010)

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