State v. Schroff

District Court of Appeal of Florida

State v. Schroff

103 So. 3d 225, 2012 Fla. App. LEXIS 20879, 2012 WL 6031341

District Court of Appeal of Florida·Decided December 5, 2012·No. No. 1D11-2885·Published·Cited by 1 cases

Opinion

PER CURIAM.

On April 28, 2011, Appellee Franziska Schroff pleaded nolo contendere to the charge of DUI manslaughter. After a hearing on May 24, 2011, Schroff was sentenced to fifteen years in prison, with all but thirty months suspended, to be followed by community control and probation. The state asserts that the trial court erred by failing to impose the statutorily required mandatory minimum prison sentence of four years. We agree and remand for resentencing to include the mandatory minimum term. See State v. Schumacher, 99 So.3d 632 (Fla. 1st DCA 2012).

REVERSED and REMANDED.

DAVIS, VAN NORTWICK, and ROWE, JJ., concur.

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PER CURIAM.

On April 28, 2011, Appellee Franziska Schroff pleaded nolo contendere to the charge of DUI manslaughter. After a hearing on May 24, 2011, Schroff was sentenced to fifteen years in prison, with all but thirty months suspended, to be followed by community control and probation. The state asserts that the trial court erred by failing to impose the statutorily required mandatory minimum prison sentence of four years. We agree and remand for resentencing to include the mandatory minimum term. See State v. Schumacher, 99 So.3d 632 (Fla. 1st DCA 2012).

REVERSED and REMANDED.

DAVIS, VAN NORTWICK, and ROWE, JJ., concur.

State v. Schroff, 103 So. 3d 225, 2012 Fla. App. LEXIS 20879, 2012 WL 6031341 (Fla. Ct. App. 2012).

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