Atwater v. State

District Court of Appeal of Florida

Atwater v. State

741 So. 2d 1240, 1999 Fla. App. LEXIS 13139, 1999 WL 777718

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 1999

DocketNos. 98-193, 98-194

StatusPublished

Cited by1 cases

This text of 741 So. 2d 1240 (Atwater v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Atwater v. State, 741 So. 2d 1240, 1999 Fla. App. LEXIS 13139, 1999 WL 777718 (Fla. Ct. App. 1999).

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Opinion

THOMPSON, J.

We affirm the convictions in this consolidated appeal based on Howard, v. State, 24 Fla. L. Weekly D1419, 738 So.2d 372 (Fla. 5th DCA 1999).

We reverse the sentences for conspiracy to commit racketeering, however, because the court incorrectly ranked the convictions as level 8 offenses. Section 777.04(4)(a), Florida Statutes, provides that criminal conspiracy is ranked one level below the ranking of the substantive offense, unless otherwise provided in section 921.0012, Florida Statutes. Racketeering is ranked as a level 8 offense, and conspiracy to commit racketeering is not specifically listed. See § 921.0012(3), Fla. Stat. Accordingly, the appellants’ convictions for conspiracy should have been ranked as level 7 offenses, and the cases are remanded for re-sentencing as level 7 offenses.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

ANTOON, C.J., and GRIFFIN, J., concur.

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THOMPSON, J.

We affirm the convictions in this consolidated appeal based on Howard, v. State, 24 Fla. L. Weekly D1419, 738 So.2d 372 (Fla. 5th DCA 1999).

We reverse the sentences for conspiracy to commit racketeering, however, because the court incorrectly ranked the convictions as level 8 offenses. Section 777.04(4)(a), Florida Statutes, provides that criminal conspiracy is ranked one level below the ranking of the substantive offense, unless otherwise provided in section 921.0012, Florida Statutes. Racketeering is ranked as a level 8 offense, and conspiracy to commit racketeering is not specifically listed. See § 921.0012(3), Fla. Stat. Accordingly, the appellants’ convictions for conspiracy should have been ranked as level 7 offenses, and the cases are remanded for re-sentencing as level 7 offenses.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

ANTOON, C.J., and GRIFFIN, J., concur.

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741 So. 2d 1240, 1999 Fla. App. LEXIS 13139, 1999 WL 777718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atwater-v-state-fladistctapp-1999.

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