Scippio v. State

488 So. 2d 144, 11 Fla. L. Weekly 1131, 1986 Fla. App. LEXIS 11503

Opinion

PER CURIAM.

We affirm the order revoking the appellant’s probation, Case No. 84-2324, and his conviction of the substantive offense of armed robbery, Case No. 84-2315. See Christopher v. State, 407 So.2d 198 (Fla.1981), cert. denied, 456 U.S. 910, 102 S.Ct. 1761, 72 L.Ed.2d 169 (1982); Freiheit v. State, 458 So.2d 1172 (Fla. 4th DCA 1984); Ben-Hain v. Tacher, 418 So.2d 1107 (Fla. 3d DCA 1982); Strate v. Strate, 328 So.2d 29 (Fla. 3d DCA), cert. denied, 336 So.2d 1184 (Fla.1976); Gibbs v. State, 193 So.2d 460 (Fla. 2d DCA 1967).

We, nevertheless, vacate the sentences imposed and remand for re-sentencing based upon the state’s concession that the calculations in the guidelines score sheet were improper.

Convictions affirmed; sentences vacated; cause remanded for re-sentencing.