Pruitt v. State

District Court of Appeal of Florida

Pruitt v. State

599 So. 2d 774, 1992 Fla. App. LEXIS 6990, 1992 WL 123329

CourtDistrict Court of Appeal of Florida

DecidedJune 9, 1992

DocketNo. 91-1379

StatusPublished

This text of 599 So. 2d 774 (Pruitt 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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Pruitt v. State, 599 So. 2d 774, 1992 Fla. App. LEXIS 6990, 1992 WL 123329 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Appealing his sentences for convictions on charges of arson and burglary, Brett A. Pruitt raises three points. We find no error in the first two points contending it was error for the circuit court to apply a multiplier for legal restraint by reason of the outstanding capias in Gulf County. As to the third point, we agree with the state’s confession of error that the court erred in applying this multiplier twice based on the two charges. Flowers v. State, 586 So.2d 1058 (Fla.1991). Accordingly, we reverse the sentences and remand for resentencing within the guidelines based on a correctly calculated guidelines scoresheet. See Sellers v. State, 578 So.2d 339, 341 (Fla. 1st DCA), approved, 586 So.2d 340 (Fla.1991).

REVERSED AND REMANDED.

ZEHMER, BARFIELD and WOLF, JJ., concur.

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PER CURIAM.

Appealing his sentences for convictions on charges of arson and burglary, Brett A. Pruitt raises three points. We find no error in the first two points contending it was error for the circuit court to apply a multiplier for legal restraint by reason of the outstanding capias in Gulf County. As to the third point, we agree with the state’s confession of error that the court erred in applying this multiplier twice based on the two charges. Flowers v. State, 586 So.2d 1058 (Fla.1991). Accordingly, we reverse the sentences and remand for resentencing within the guidelines based on a correctly calculated guidelines scoresheet. See Sellers v. State, 578 So.2d 339, 341 (Fla. 1st DCA), approved, 586 So.2d 340 (Fla.1991).

REVERSED AND REMANDED.

ZEHMER, BARFIELD and WOLF, JJ., concur.

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599 So. 2d 774, 1992 Fla. App. LEXIS 6990, 1992 WL 123329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pruitt-v-state-fladistctapp-1992.

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