State v. Schroff

Full title: STATE OF FLORIDA, Appellant, v. FRANZISKA SCHROFF, Appellee.

Court: DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Dec 5, 2012

CASE NO. 1D11-2885 (Fla. Dist. Ct. App. Dec. 5, 2012)

Opinion

CASE NO. 1D11-2885

12-05-2012

STATE OF FLORIDA, Appellant, v. FRANZISKA SCHROFF, Appellee.

Pamela Jo Bondi, Attorney General, and Brooke Poland, Assistant Attorney General, Tallahassee, for Appellant. Luke Newman of Luke Newman, P.A., Tallahassee, for Appellee.

PER CURIAM.

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

An appeal from the Circuit Court for Okaloosa County.
William F. Stone, Judge.
Pamela Jo Bondi, Attorney General, and Brooke Poland, Assistant Attorney General, Tallahassee, for Appellant. Luke Newman of Luke Newman, P.A., Tallahassee, for Appellee. 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, 2012 WL 5350149 (Fla. 1st DCA Oct. 31, 2012).

REVERSED and REMANDED. DAVIS, VAN NORTWICK, and ROWE, JJ., CONCUR.