Bolhorst v. State

640 So. 2d 1249, 1994 Fla. App. LEXIS 8021, 1994 WL 419624

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.

GOSHORN and PETERSON, JJ., concur.

1

. § 810.02(3), Fla.Stat. (1989).

2

. § 812.041, Fla.Stat. (1989).

3

. §§ 810.01(3); 775.082(3)(c), Fla.Stat. (1989).