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Pizarro v. State

District Court of Appeal of Florida, Fourth District
Feb 12, 1992
593 So. 2d 604 (Fla. Dist. Ct. App. 1992)

Opinion

No. 90-2799.

February 12, 1992.

Appeal from the Circuit Court, Martin County, John G. Ferris, J.

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.


The state concedes that the trial court used the wrong scoresheet; a category nine form instead of a category eight. This cause is reversed and remanded for the preparation of a corrected guidelines scoresheet. Because the trial court did not realize that it was imposing a departure sentence, the trial court may, on remand, consider whether departure is appropriate. Butler v. State, 579 So.2d 327 (Fla. 5th DCA 1991).

We find no reversible error in the remaining points on appeal.

REVERSED AND REMANDED.

LETTS, STONE and WARNER, JJ., concur.


Summaries of

Pizarro v. State

District Court of Appeal of Florida, Fourth District
Feb 12, 1992
593 So. 2d 604 (Fla. Dist. Ct. App. 1992)
Case details for

Pizarro v. State

Case Details

Full title:PHILLIP PIZARRO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 12, 1992

Citations

593 So. 2d 604 (Fla. Dist. Ct. App. 1992)

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