Mohammed v. State

District Court of Appeal of Florida

Mohammed v. State

591 So. 2d 1062, 1991 Fla. App. LEXIS 13480, 1991 WL 275543

CourtDistrict Court of Appeal of Florida

DecidedDecember 27, 1991

DocketNo. 90-01746

StatusPublished

Cited by1 cases

This text of 591 So. 2d 1062 (Mohammed v. State) 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.

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Mohammed v. State, 591 So. 2d 1062, 1991 Fla. App. LEXIS 13480, 1991 WL 275543 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We affirm the defendant’s conviction and sentence for capital sexual battery. We also affirm his conviction for burglary, but reverse this sentence. The trial court imposed a consecutive seven-year sentence of imprisonment for the burglary. No score-sheet was prepared for this sentence and thus we cannot determine whether the sentence constitutes a departure. See Lamb v. State, 532 So.2d 1051 (Fla.1988); Newsome v. State, 546 So.2d 1079 (Fla. 2d DCA 1989). Accordingly, we reverse the burglary sentence and remand for resentencing.

Affirmed in part, reversed in part, and remanded.

DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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PER CURIAM.

We affirm the defendant’s conviction and sentence for capital sexual battery. We also affirm his conviction for burglary, but reverse this sentence. The trial court imposed a consecutive seven-year sentence of imprisonment for the burglary. No score-sheet was prepared for this sentence and thus we cannot determine whether the sentence constitutes a departure. See Lamb v. State, 532 So.2d 1051 (Fla.1988); Newsome v. State, 546 So.2d 1079 (Fla. 2d DCA 1989). Accordingly, we reverse the burglary sentence and remand for resentencing.

Affirmed in part, reversed in part, and remanded.

DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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591 So. 2d 1062, 1991 Fla. App. LEXIS 13480, 1991 WL 275543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mohammed-v-state-fladistctapp-1991.

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