State v. Mendoza

District Court of Appeal of Florida

State v. Mendoza

705 So. 2d 1056, 1998 Fla. App. LEXIS 1211, 1998 WL 56307

CourtDistrict Court of Appeal of Florida

DecidedFebruary 13, 1998

DocketNo. 95-03792

StatusPublished

This text of 705 So. 2d 1056 (State v. Mendoza) 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

State v. Mendoza, 705 So. 2d 1056, 1998 Fla. App. LEXIS 1211, 1998 WL 56307 (Fla. Ct. App. 1998).

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Opinion

PATTERSON, Judge.

The State appeals from the downward departure sentence imposed upon Carlos Mendoza. We affirm Mendoza’s conviction and approve the downward departure, but we remand to the trial court for resentencing and for the correction of a scrivener’s error in the judgment. The judgment states that Mendoza was guilty of capital sexual battery, rather than sexual battery by a person.less than eighteen upon a person less than twelve, a life felony. In addition, Mendoza’s guidelines sentence was erroneously computed based on a level ten offense. The scoresheet must be corrected to reflect a score for a level nine offense. See § 921.0012, Fla. Stat. (1993).

Affirmed in part, reversed in part, and remanded.

PARKER, C.J., and FULMER, J., concur.

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PATTERSON, Judge.

The State appeals from the downward departure sentence imposed upon Carlos Mendoza. We affirm Mendoza’s conviction and approve the downward departure, but we remand to the trial court for resentencing and for the correction of a scrivener’s error in the judgment. The judgment states that Mendoza was guilty of capital sexual battery, rather than sexual battery by a person.less than eighteen upon a person less than twelve, a life felony. In addition, Mendoza’s guidelines sentence was erroneously computed based on a level ten offense. The scoresheet must be corrected to reflect a score for a level nine offense. See § 921.0012, Fla. Stat. (1993).

Affirmed in part, reversed in part, and remanded.

PARKER, C.J., and FULMER, J., concur.

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Bluebook (online)

705 So. 2d 1056, 1998 Fla. App. LEXIS 1211, 1998 WL 56307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mendoza-fladistctapp-1998.