Opinion
Case No.: 96-1811
Opinion filed February 14, 1997
Appeal from the Circuit Court for Lake County, G. Richard Singeltary, Judge.
James B. Gibson, Public Defender, and Andrea J. Surette, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Appellee.
While appellant has raised several issues on appeal, we find only one has merit.
Robinson was convicted of home invasion robbery (Count I), aggravated assault with a deadly weapon (Count II), grand theft (Count III) and battery (Count IV). He was sentenced to ten years incarceration on Count I, five years incarceration on Count II concurrent with Count I, and time served on Counts III and IV.
As Robinson correctly points out, the sentencing guidelines in effect at the time the offenses were committed do not rank home invasion robbery, thus triggering section 921.0013(3), Fla. Stat. (1993), which requires Count I to be scored as a level 7 offense.
Accordingly, we affirm all convictions but reverse the sentences and remand for resentencing utilizing a corrected scoresheet.
AFFIRMED IN PART; REVERSED IN PART.
HARRIS and THOMPSON, JJ., concur.