Opinion
No. 91-2206.
June 12, 1992.
Appeal from the Circuit Court for Orange County; James C. Hauser, Judge.
James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.
After a review of the record and briefs, we can discern only one issue which requires our attention. As the defendant correctly points out, and the state conceded, an extra forty-two points were assessed on the sentencing guideline scoresheet for legal constraint. The deduction of these points alters the recommended range and the permitted range creating the appearance of a departure sentence without written reasons.
Accordingly, the judgment is affirmed and the sentence is vacated and remanded to the trial court for resentencing as a departure sentence or for resentencing within the guidelines. State v. Betancourt, 552 So.2d 1107 (Fla. 1989).
AFFIRMED; SENTENCE VACATED; REMANDED.
PETERSON and GRIFFIN, JJ., concur.