Wolcott v. State

District Court of Appeal of Florida

Wolcott v. State

579 So. 2d 889, 1991 Fla. App. LEXIS 4750, 1991 WL 88811

CourtDistrict Court of Appeal of Florida

DecidedMay 24, 1991

DocketNo. 90-02054

StatusPublished

This text of 579 So. 2d 889 (Wolcott 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

Wolcott v. State, 579 So. 2d 889, 1991 Fla. App. LEXIS 4750, 1991 WL 88811 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

We affirm Mr. Wolcott’s convictions for attempted second-degree murder and aggravated battery. We reverse his sentences because of an error in the guidelines scoresheet.

Mr. Wolcott’s primary offense, attempted second-degree murder, was incorrectly scored as a first-degree felony, rather than a second degree felony. See §§ 782.04 and 777.04, Fla.Stat. (1989). This error caused his presumptive sentence to fall within the recommended range of 12 to 17 years’ incarceration. Without this error, the recommended sentencing range would be 3 to 7 years’ incarceration and the permitted range would be community control or 1 to 12 years’ incarceration. Mr. Wolcott was sentenced to 15 years’ incarceration. Therefore, we must reverse Mr. Wolcott’s sentences and remand for resentencing in accordance with a corrected scoresheet. We note that Mr. Wolcott’s judgment correctly reflects that attempted second-degree murder is a second-degree felony.

Affirmed in part, reversed in part, and remanded for resentencing.

SCHEB, A.C.J., and FRANK and ALTENBERND, JJ., concur.

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PER CURIAM.

We affirm Mr. Wolcott’s convictions for attempted second-degree murder and aggravated battery. We reverse his sentences because of an error in the guidelines scoresheet.

Mr. Wolcott’s primary offense, attempted second-degree murder, was incorrectly scored as a first-degree felony, rather than a second degree felony. See §§ 782.04 and 777.04, Fla.Stat. (1989). This error caused his presumptive sentence to fall within the recommended range of 12 to 17 years’ incarceration. Without this error, the recommended sentencing range would be 3 to 7 years’ incarceration and the permitted range would be community control or 1 to 12 years’ incarceration. Mr. Wolcott was sentenced to 15 years’ incarceration. Therefore, we must reverse Mr. Wolcott’s sentences and remand for resentencing in accordance with a corrected scoresheet. We note that Mr. Wolcott’s judgment correctly reflects that attempted second-degree murder is a second-degree felony.

Affirmed in part, reversed in part, and remanded for resentencing.

SCHEB, A.C.J., and FRANK and ALTENBERND, JJ., concur.

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Bluebook (online)

579 So. 2d 889, 1991 Fla. App. LEXIS 4750, 1991 WL 88811, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wolcott-v-state-fladistctapp-1991.