Trotter v. State

District Court of Appeal of Florida

Trotter v. State

529 So. 2d 344, 13 Fla. L. Weekly 1837, 1988 Fla. App. LEXIS 3523, 1988 WL 80126

CourtDistrict Court of Appeal of Florida

DecidedAugust 4, 1988

DocketNo. 87-1778

StatusPublished

This text of 529 So. 2d 344 (Trotter 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

Trotter v. State, 529 So. 2d 344, 13 Fla. L. Weekly 1837, 1988 Fla. App. LEXIS 3523, 1988 WL 80126 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

Trotter appeals from his guidelines sentence on the grounds that the guidelines scoresheet was erroneously scored. We agree. The burglary, which was scored as an additional offense at conviction, was scored as a second degree felony. Inasmuch as it is clear from the record¹ that the burglary for which the defendant was charged and convicted is a third degree felony, the scoresheet is incorrect. The maximum guidelines sentence was therefore 8% instead of 4V2 years.

Sentence reversed and cause remanded for resentencing.

ERVIN, JOANOS and NIMMONS, JJ., concur.

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PER CURIAM.

Trotter appeals from his guidelines sentence on the grounds that the guidelines scoresheet was erroneously scored. We agree. The burglary, which was scored as an additional offense at conviction, was scored as a second degree felony. Inasmuch as it is clear from the record¹ that the burglary for which the defendant was charged and convicted is a third degree felony, the scoresheet is incorrect. The maximum guidelines sentence was therefore 8% instead of 4V2 years.

Sentence reversed and cause remanded for resentencing.

ERVIN, JOANOS and NIMMONS, JJ., concur.

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Bluebook (online)

529 So. 2d 344, 13 Fla. L. Weekly 1837, 1988 Fla. App. LEXIS 3523, 1988 WL 80126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trotter-v-state-fladistctapp-1988.