Opinion
No. 93-2028.
May 12, 1995.
Appeal from the Circuit Court for Brevard County, John Dean Moxley, Jr., Judge.
James B. Gibson, Public Defender, and Susan A. Fagan, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
We affirm the conviction of Julius William Thomas, but we reverse for resentencing. At sentencing, the trial court orally acknowledged that it was correcting (or had corrected) the scoresheet to remove Counts II and III from the primary and additional offense categories. Thomas contends that with the correction he would fall in a lesser sentencing bracket. Such a corrected scoresheet does not appear in the record. The sentence is reversed and remanded in order that a corrected scoresheet can be prepared and filed and the defendant sentenced accordingly.
Judgments of acquittal had been entered on these counts.
REVERSED.
DAUKSCH and THOMPSON, JJ., concur.