Bolhorst v. State
This text of 640 So. 2d 1249 (Bolhorst 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.
Opinion
W. SHARP, Judge.
Bolhorst entered a plea of guilty to burglary of a dwelling,1 and grand theft.2 He argues the nineteen-year sentence imposed on the burglary charge exceeds the fifteen-year statutory maximum sentence for a second degree felony,3 and that errors were made in the sentencing seoresheet which would place him in a lower sentencing bracket. Specifically, there is no record support for the three third degree felonies which were scored as additional offenses at conviction and, in addition, a mathematical error was also made.
The state concedes error. Accordingly wé vacate the sentence imposed for count I and remand for resentencing. We affirm this ease in all other regards.
AFFIRM in part; VACATE Sentence; REMAND for Resentencing.
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Cite This Page — Counsel Stack
640 So. 2d 1249, 1994 Fla. App. LEXIS 8021, 1994 WL 419624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolhorst-v-state-fladistctapp-1994.