Opinion
No. 89-0833.
January 24, 1990.
Appeal from the Circuit Court for Martin County; Dwight L. Geiger, Judge.
Richard L. Jorandby, Public Defender, and Marcy K. Allen, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and David D. McLauchlin, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the judgment of conviction but reverse for resentencing. The state concedes that the guidelines scoresheet improperly included a factor for the dismissed Count II in its computation. Additionally, the state concedes that the trial court erroneously considered the permissive guideline range effective after the date of the offense which may not be applied retroactively.
DOWNEY, STONE and GARRETT, JJ., concur.