LUIGI RICK ARCE v. THE STATE OF FLORIDA
This text of LUIGI RICK ARCE v. THE STATE OF FLORIDA (LUIGI RICK ARCE v. THE STATE OF FLORIDA) 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
Third District Court of Appeal State of Florida
Opinion filed September 22, 2021.
________________
No. 3D20-511 Lower Tribunal Nos. F19-10620, F18-13268 ________________
Luigi Rick Arce, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Cristina Miranda, Judge.
Carlos J. Martinez, Public Defender and Susan S. Lerner, Assistant Public Defender, for appellant.
Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.
Before LOGUE, GORDO and BOKOR, JJ.
PER CURIAM. ON CONFESSION OF ERROR
Luigi Rick Arce appeals his sentence after a plea on a probation
violation. The State concedes that “it was error to assess 24 community
sanction violation points for a new felony when a new felony was not the
basis for the violation.” As “the reviewing court cannot determine
conclusively from the record that the trial court would have imposed the
same sentence despite the erroneous scoresheet, remand for resentencing
is required.” State v. Anderson, 905 So. 2d 111, 116 (Fla. 2005).
Reversed and remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
LUIGI RICK ARCE v. THE STATE OF FLORIDA, Counsel Stack Legal Research, https://law.counselstack.com/opinion/luigi-rick-arce-v-the-state-of-florida-fladistctapp-2021.