Fortune v. State

776 So. 2d 1042, 2001 Fla. App. LEXIS 930, 2001 WL 85173

Opinion

PER CURIAM.

We vacate appellant’s sentence and remand this case for the trial court to resen-tence appellant pursuant to a corrected scoresheet indicating appellant committed a second-degree felony rather than a first-degree felony. See Harris v. State, 667 So.2d 265, 266 (Fla. 1st DCA 1995)(vacat-ing 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); State v. Iacovone, 660 So.2d 1371 (Fla.1995)(holding that section 784.07(3), Florida Statutes (1993), which classifies attempted murder of a law enforcement officer as a life felony, is limited to first-degree murder); State v. Stevens, 714 So.2d 347 (Fla.1998)(holding that Iacovone must be applied retroactively).

REMANDED.

BENTON, PADOVANO and POLSTON, JJ., concur.