Mathison v. State

463 So. 2d 483, 10 Fla. L. Weekly 361, 1985 Fla. App. LEXIS 14104

Opinion

PER CURIAM.

We reverse defendant’s sentences for burglary and attempted robbery. The burglary in this case was a first degree felony punishable by life. The trial court applied the sentencing guidelines and sentenced defendant on the basis of a presumptive sentence which resulted from scoring the primary offense, burglary, as a life felony. However, at the time of defendant’s sentencing, the guidelines’ category 5 burglary scoresheet did not provide for scoring a first degree felony punishable by life. Thus the burglary charge should have been scored as a first degree felony. Vileta v. State, 454 So.2d 792, 794 (Fla. 2d DCA 1984).

If the scoresheet had reflected the correct number of points, the total would have produced a presumptive sentence of three years. Accordingly, defendant’s concurrent four-year sentences on each charge were outside the guidelines. Because no reasons were given for the departure, we reverse and remand for re-sentencing.

RYDER, C.J., and OTT and LEHAN, JJ., concur.