Opinion
No. 86493.
March 14, 1996.
Application for Review of the Decision of the District Court of Appeal, Direct Conflict of Decisions, First District, No. 94-4140 (Holmes County).
Robert A. Butterworth, Attorney General; James W. Rogers, Bureau Chief — Criminal Appeals and Sonya Roebuck Horbelt, Assistant Attorney General, Tallahassee, for Petitioner.
Nancy A. Daniels, Public Defender and Fred Parker Bingham II, Assistant Public Defender, Second Judicial Circuit, Tallahassee, for Respondent.
We have for review Hall v. State, 660 So.2d 406 (Fla. 1st DCA 1995), in which the district court addressed the same question we recently answered in State v. Peterson, 667 So.2d 199 (Fla. 1996). We have jurisdiction. Art. V, § 3 (b)(3), Fla. Const.
In Peterson, we held that under the sentencing guidelines, a conviction must be scored as prior record, without regard to whether an appeal is taken. In accordance with our decision in Peterson, we quash the decision of the district court in this case and direct that the sentence imposed by the trial court be affirmed.
If these convictions on appeal are subsequently overturned, Hall would, of course, be able to file for postconviction relief from the sentence.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and ANSTEAD, JJ., concur.