Barrett v. State

Full title: ERVIN JAMES BARRETT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Nov 20, 1992

608 So. 2d 570 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-1571.

November 20, 1992.

Appeal from the Circuit Court for Orange County; R. James Stroker, Judge.

Andrea Black, Orlando, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James N. Charles, Asst. Atty. Gen., Daytona Beach, for appellee.

HARRIS, Judge.

We affirm the conviction but remand for resentencing. The court should correct the scoresheet by removing the multiple legal constraint points prior to resentencing. See Flowers v. State, 586 So.2d 1058 (Fla. 1991); Terry v. State, 588 So.2d 63 (Fla. 5th DCA 1991); Horne v. State, 593 So.2d 309 (Fla. 5th DCA 1992).

AFFIRMED in part; REVERSED in part and REMANDED.

SHARP, W., and DIAMANTIS, JJ., concur.