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Robertson v. State

559 So. 2d 352 (Fla. Dist. Ct. App. 1990)
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Robertson v. State

2 Citing cases

  1. Tarawneh v. State

    588 So. 2d 1006 (Fla. Dist. Ct. App. 1991)   Cited 11 times
    In Tarawneh our sister court held that, under similar circumstances, the trial court should have used a category 9 scoresheet. Pursuant to Florida Rule of Criminal Procedure 3.701(c), category 9 is used for any felony offense not otherwise classified into a specific offense category.

    Since Category 1 was not applicable, and as his offenses do not fall under any other express category, the only remaining category applicable is Category 9, designated for "all other felony offenses." See Vance v. State, 565 So.2d 915 (Fla. 4th DCA), rev. dismissed, 574 So.2d 144 (Fla. 1990); Robertson v. State, 559 So.2d 352 (Fla. 1st DCA 1990); State v. Hutcheson, 501 So.2d 190 (Fla. 5th DCA 1987). GLICKSTEIN, C.J., and DOWNEY and ANSTEAD, JJ., concur.

  2. Vance v. State

    565 So. 2d 915 (Fla. Dist. Ct. App. 1990)   Cited 1 times

    Those statutes are not involved herein. See Robertson v. State, 559 So.2d 352 (Fla. 1st DCA 1990) and Hutcheson v. State, 501 So.2d 190 (Fla. 5th DCA 1987). Accordingly, we affirm appellant's conviction but remand with directions for resentencing consistent herewith.