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Vance v. State

District Court of Appeal of Florida, Fourth District
Aug 29, 1990
565 So. 2d 915 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2257.

August 29, 1990.

Appeal from the Circuit Court for Indian River County; Paul B. Kanarek, Judge.

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.


We reject appellant's constitutional attacks on the authority of Schmitt v. State, 563 So.2d 1095 (Fla. 4th DCA 1990); and Osborne v. Ohio, 495 U.S. ___, 110 S.Ct. 1691, 109 L.Ed.2d 98 (1990).

We agree with appellant that he was improperly sentenced under a category 2 scoresheet rather than a category 9 scoresheet. Category 2 covers only sexual offenses prosecuted under chapters 794 and 800 and section 826.04, Florida Statutes. 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.

ANSTEAD and STONE, JJ., and FRANK, RICHARD H., Associate Judge, concur.


Summaries of

Vance v. State

District Court of Appeal of Florida, Fourth District
Aug 29, 1990
565 So. 2d 915 (Fla. Dist. Ct. App. 1990)
Case details for

Vance v. State

Case Details

Full title:GARLAND VANCE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 29, 1990

Citations

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

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