Opinion
No. 94-4272.
December 4, 1995.
An appeal from the Circuit Court for Escambia County; Frank Bell, Judge.
Nancy A. Daniels, Public Defender; P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Amelia S. Beisner, Assistant Attorney General, Tallahassee, for Appellee.
Thomas Lee Elmy (Elmy) pleaded no contest to burglary with assault, robbery, and home invasion robbery, and was sentenced to three concurrent eighty-month prison terms. We vacate Elmy's sentence for home invasion robbery. Sirmons v. State, 634 So.2d 153 (Fla. 1994). We note that Elmy's sentences for burglary with assault and robbery are based on a scoresheet calculated without assessing any points for home invasion robbery.
We affirm in all other respects.
ERVIN, MICKLE and LAWRENCE, JJ., concur.