LINDA K. ATWATER & SAMARA MELISSA BURGESS, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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THOMPSON, J.
We affirm the convictions in this consolidated appeal based on Howard, v. State, 24 Fla. L. Weekly D1419, 738 So. 2d 372 (Fla. 5th DCA 1999).
We reverse the sentences for conspiracy to commit racketeering, however, because the court incorrectly ranked the convictions as level 8 offenses. Section 777.04(4)(a), Florida Statutes, provides that criminal conspiracy is ranked one level below the ranking of the substantive offense, unless otherwise provided in section 921.0012, Florida Statutes. Racketeering is ranked as a level 8 offense, and conspiracy to commit racketeering is not specifically listed. See § 921.0012(3), Fla. Stat. Accordingly, the appellants’ convictions for conspiracy should have been ranked as level 7 offenses, and the cases are remanded for re-sentencing as level 7 offenses.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
ANTOON, C.J., and GRIFFIN, J., concur.
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Citator
Cited By
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Atwater v. State, 781 So. 2d 1149 (Fla. 5th DCA 2001)…in restitution. Atwater’s convictions were affirmed by this court, but the case was remanded for resentencing on the conspiracy offense because it had been incorrectly listed as a level 8 offense, instead of a level 7 offense. See Atwater v. State, 741 So. 2d 1240 (Fla. 5th DCA 1999). When Atwater appeared for resentencing on December 14, 1999, her new scoresheet showed a total of 80.6 points, for a sentencing range of from 39.45 to 65.75 months in prison. The prosecutor asked the court to depart from the gui…
Authorities Cited
- Lealzo "Zodie" Howard and Eugene Howard v. State, 738 So. 2d 372 (Fla. 5th DCA 1999)