Opinion
No. 98-271
Opinion filed July 17, 1998 JULY TERM 1998
Appeal from the Circuit Court for Seminole County, Kenneth R. Lester, Judge.
James B. Gibson, Public Defender, and Nancy Ryan, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellee.
After this court reversed a conviction for burglary of a dwelling to burglary of a structure, Martinez v. State, 700 So.2d 142 (Fla. 5th DCA 1997), appellant appeared for resentencing before a successor judge on this count and on another unrelated case. In the case affected by Martinez I, the trial court reduced the sentence. In the unrelated case, the score sheet was reduced from 102.6 points (55.95-93.25 months) to 91 points (47.75-78.75 months). The successor judge sentenced appellant to 60 months D.O.C., the same sentence as his predecessor had imposed in that case. Appellant contends that the new judge merely rubber stamped what the prior judge had done, but this is not reflected in the record or preserved for appeal. In fact, the new judge specifically stated in the record that he had taken the new score sheet into account. The sentence is within the guidelines.
AFFIRMED.
DAUKSCH, ANTOON, J.J., and ORFINGER, M., Senior Judge, concur.