Opinion
Case No. 96-106
Opinion filed June 25, 1997.
An Appeal from an order from the Circuit Court for Dade County, Fredricka G. Smith, Judge.
Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Keith S. Kromash, Assistant Attorney General, for appellee.
Before NESBITT, GODERICH and SHEVIN, JJ.
Marcille Robert Frost appeals a judgment of convictions and sentences. Although we find no error as to defendant's convictions, we correct the judgment to show that the conviction for attempted second degree murder with a firearm is a first degree felony. See Newbold v. State, 667 So.2d 996 (Fla. 3d DCA 1996). We also vacate defendant's sentence as it is based on an incorrect scoresheet: the scoresheet improperly reflects the level of the primary offense at conviction and improperly imposes a law enforcement protection multiplier. In recalculating the scoresheet to resentence defendant, the offense level must be redetermined and the multiplier may not be applied where, as here, defendant did not commit any of the enumerated violations set forth in section 921.0014, Florida Statutes (1995). Accordingly, we affirm defendant's convictions, as modified, vacate his sentence, and remand for resentencing.
Convictions affirmed, as modified; sentence vacated; and cause remanded for resentencing.