Scippio v. State

Full title: ADAM TROY SCIPPIO, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: May 13, 1986

488 So. 2d 144 (Fla. Dist. Ct. App. 1986)

Opinion

Nos. 84-2315, 84-2324.

May 13, 1986.

Appeals from the Circuit Court, Dade County; D. Bruce Levy, Judge.

Bennett H. Brummer, Public Defender, and Marti Rothenberg and Thomas Murray, Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON, and JORGENSON, JJ.

PER CURIAM.

We affirm the order revoking the appellant's probation, Case No. 84-2324, and his conviction of the substantive offense of armed robbery, Case No. 84-2315. See Christopher v. State, 407 So.2d 198 (Fla. 1981), cert. denied, 456 U.S. 910, 102 S.Ct. 1761, 72 L.Ed.2d 169 (1982); Freiheit v. State, 458 So.2d 1172 (Fla. 4th DCA 1984); Ben-Hain v. Tacher, 418 So.2d 1107 (Fla. 3d DCA 1982); Strate v. Strate, 328 So.2d 29 (Fla. 3d DCA), cert. denied, 336 So.2d 1184 (Fla. 1976); Gibbs v. State, 193 So.2d 460 (Fla. 2d DCA 1967).

We, nevertheless, vacate the sentences imposed and remand for re-sentencing based upon the state's concession that the calculations in the guidelines score sheet were improper.

Convictions affirmed; sentences vacated; cause remanded for re-sentencing.