Summary
In Dorsey, the defendant argued that because the verdict form had not specified that he had been convicted under section 827.03(1)(a), his convictions should have been scored as level four offenses rather than level eight offenses.
Summary of this case from Ellis v. StateOpinion
No. 98-1099.
December 31, 1998.
Appeal from the Circuit Court for Brevard County; Jere E. Lober, Judge.
Suzanne J. Taylor, Cocoa, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Maximillian J. Changus, Assistant Attorney General, Daytona Beach, for Appellee.
This appeal challenges appellant's sentence for aggravated child abuse where the verdict form failed to specify that he had violated subsection (1)(a) of section 827.03, Florida Statutes (1995). The state concedes that this conviction should have been assigned a Level 4 severity ranking rather than a Level 8 severity ranking. See Newberry v. State, 677 So.2d 884 (Fla. 5th DCA 1996).
REVERSED AND REMANDED FOR RESENTENCING.
COBB, GOSHORN and HARRIS, JJ., concur.