LUIGI RICK ARCE v. THE STATE OF FLORIDA

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.