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Gorter v. State

District Court of Appeal of Florida, First District
May 12, 1997
693 So. 2d 123 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-2628

Opinion filed May 12, 1997.

An appeal from the Circuit Court for Bay County. Dedee Costello, Judge.

Nancy A. Daniels, Public Defender, and Nada M. Carey, Assistant Public Defender, Tallahassee, Attorneys for Appellant.

Robert A. Butterworth, Attorney General, and Timothy A. Freeland, Assistant Attorney General, Tampa, Attorneys for Appellee.


Appellant raises two issues in this appeal from his convictions and sentences for burglary of a structure, petit theft and possession of burglary tools. We affirm, without discussion, appellant's claim that the trial court erred in denying his motion for judgment of acquittal. As to the second issue raised, the state concedes that the sentencing guidelines scoresheet was totalled incorrectly below by the prosecutor. The incorrectly calculated scoresheet totalled 43.8 sentence points, called for a minimum state prison term of 11.85 months and a maximum state prison term of 19.75 months. Appellant was sentenced to concurrent state prison terms of 19.75 months, the maximum allowable within that range. The correct total sentence score is 40.2, calling for a minimum state prison term of 9.15 months and a maximum state prison term of 15.25 months. We reverse and remand for resentencing pursuant to a corrected guidelines scoresheet.

AFFIRMED in part; REVERSED in part; REMANDED for resentencing.

ALLEN, WEBSTER and MICKLE, JJ., CONCUR.


Summaries of

Gorter v. State

District Court of Appeal of Florida, First District
May 12, 1997
693 So. 2d 123 (Fla. Dist. Ct. App. 1997)
Case details for

Gorter v. State

Case Details

Full title:STEPHEN WAYNE GORTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 12, 1997

Citations

693 So. 2d 123 (Fla. Dist. Ct. App. 1997)