Rocha v. State

District Court of Appeal of Florida

Rocha v. State

697 So. 2d 1021, 1997 Fla. App. LEXIS 9471, 1997 WL 484796

CourtDistrict Court of Appeal of Florida

DecidedAugust 20, 1997

DocketNo. 96-3573

StatusPublished

This text of 697 So. 2d 1021 (Rocha 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.

Bluebook

Rocha v. State, 697 So. 2d 1021, 1997 Fla. App. LEXIS 9471, 1997 WL 484796 (Fla. Ct. App. 1997).

Pincite

Opinion

Confession of Error

PER CURIAM.

Upon the State’s proper confession of error, we vacate the sentence imposed by the trial court and remand for resentencing. The sentencing guidelines seoresheet improperly classified two counts as level 7 offenses, when the offenses — unlisted third degree felonies — should have been ranked as level 1 offenses. §§ 921.0012; 921.0013 (1993).

Because the trial court was not aware that it was using an incorrect seoresheet, on remand the court may consider whether it would be proper to impose a departure sentence. See State v. Betancourt, 552 So.2d 1107 (Fla.1989).

Sentence vacated; remanded for further consistent proceedings.

Free access — add to your briefcase to read the full text and ask questions with AI