Summary
vacating appellant's sentence and remanding the case for resentencing because the guidelines scoresheet incorrectly scored the offenses as first-degree felonies rather than second-degree felonies
Summary of this case from Fortune v. StateOpinion
No. 94-3619.
August 31, 1995.
An appeal from the Escambia County Circuit Court, Joseph Q. Tarbuck, Judge.
Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Attorney General; Patrick Martin, Assistant Attorney General, Tallahassee, for appellee.
In this direct appeal, the appellant challenges a sentence that he claims exceeds the guidelines. A review of the record indicates that appellant's guidelines scoresheet incorrectly classifies the sentenced offenses as first degree felonies where they should have been scored as second degree felonies. This error resulted in the appellant receiving a sentence that exceeds the permitted range of a properly prepared scoresheet.
Accordingly, we vacate the sentence in this case and remand for resentencing.
ERVIN, MINER and LAWRENCE, JJ., concur.