GARLAND VANCE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
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 score-sheet. 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 re-sentencing consistent herewith.
ANSTEAD and STONE, JJ., and FRANK, RICHARD H., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Saud Tarawneh v. State, 588 So. 2d 1006 (Fla. 4th DCA 1991)…se of the score-sheet error. 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.…
Authorities Cited
- Osborne v. Ohio, 495 U.S. 103 (U.S. 1990)
- Schmitt v. State, 563 So. 2d 1095 (Fla. 4th DCA 1990)
- State v. Hutcheson, 501 So. 2d 190 (Fla. 5th DCA 1987)
- Robertson v. State, 559 So. 2d 352 (Fla. 1st DCA 1990)