Baskin v. State

District Court of Appeal of Florida

Baskin v. State

514 So. 2d 3, 12 Fla. L. Weekly 2444, 1987 Fla. App. LEXIS 10684

District Court of Appeal of Florida·Decided October 20, 1987·No. No. 87-224·Published

Opinion

PER CURIAM.

The sole issue raised by appellant in his initial brief is that the trial court erred in scoring victim injury in the sentencing guidelines scoresheet. Thereafter appellee [4] moved this court to relinquish jurisdiction to the lower tribunal for resentencing of appellant, agreeing that “the trial court erred in assessing twenty points for victim injury in the instant case.”

We elect to construe appellee’s motion for relinquishment of jurisdiction as a confession of error, see Hope v. State, 513 So.2d 217 (Fla. 1st RCA 1987). Accordingly, appellant's sentence is vacated and this cause is remanded for resentencing.

MILLS, WENTWORTH and NIMMONS, JJ., concur.

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PER CURIAM.

The sole issue raised by appellant in his initial brief is that the trial court erred in scoring victim injury in the sentencing guidelines scoresheet. Thereafter appellee [4] moved this court to relinquish jurisdiction to the lower tribunal for resentencing of appellant, agreeing that “the trial court erred in assessing twenty points for victim injury in the instant case.”

We elect to construe appellee’s motion for relinquishment of jurisdiction as a confession of error, see Hope v. State, 513 So.2d 217 (Fla. 1st RCA 1987). Accordingly, appellant's sentence is vacated and this cause is remanded for resentencing.

MILLS, WENTWORTH and NIMMONS, JJ., concur.

Baskin v. State, 514 So. 2d 3, 12 Fla. L. Weekly 2444, 1987 Fla. App. LEXIS 10684 (Fla. Ct. App. 1987).

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Opinion

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