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Mohammed v. State

District Court of Appeal of Florida, Second District
Jan 14, 1992
591 So. 2d 1062 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-01746.

December 27, 1991. Rehearing Denied January 14, 1992.

Appeal from the Circuit Court for Pinellas County; R. Grable Stoutamire, Judge.

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

No appearance for appellee.


We affirm the defendant's conviction and sentence for capital sexual battery. We also affirm his conviction for burglary, but reverse this sentence. The trial court imposed a consecutive seven-year sentence of imprisonment for the burglary. No scoresheet was prepared for this sentence and thus we cannot determine whether the sentence constitutes a departure. See Lamb v. State, 532 So.2d 1051 (Fla. 1988); Newsome v. State, 546 So.2d 1079 (Fla. 2d DCA 1989). Accordingly, we reverse the burglary sentence and remand for resentencing.

Affirmed in part, reversed in part, and remanded.

DANAHY, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.


Summaries of

Mohammed v. State

District Court of Appeal of Florida, Second District
Jan 14, 1992
591 So. 2d 1062 (Fla. Dist. Ct. App. 1992)
Case details for

Mohammed v. State

Case Details

Full title:ADIB ARBAR MOHAMMED, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jan 14, 1992

Citations

591 So. 2d 1062 (Fla. Dist. Ct. App. 1992)