Opinion
Case No. 96-1679
Opinion filed April 30, 1997 Rehearing and Clarification Denied June 4, 1997.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Marvin U. Mounts, Jr., Judge; L.T. Case No. 94-11849 CFA02.
David W. Olson, West Palm Beach, for appellant
Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for appellee.
Although we affirm appellant's conviction, we reverse the sentence. It was error to assess additional points for legal status in the absence of record evidence that defendant was on post-trial release as opposed to pre-trial release.
REVERSED AND REMANDED FOR RESENTENCING.
GUNTHER, C.J., DELL and FARMER, JJ., concur.