Florida District Courts of Appeal, 1989

Garrido v. State

Garrido v. State
Florida District Courts of Appeal · Decided January 31, 1989 · Barkdull, Jorgenson, Schwartz
537 So. 2d 1112; 14 Fla. L. Weekly 328; 1989 Fla. App. LEXIS 359; 1989 WL 6224 (Southern Reporter, Second Series)

Garrido v. State

Opinion of the Court

PER CURIAM.

Antonio Garrido appeals from a convic- s tion and sentence for the offense of burglary of a conveyance with intent to commit theft, in violation of section 810.02, Florida Statutes (1987). We affirm the judgment of conviction. The enhanced sentence, however, was not supported by any evidence, and the guidelines scoresheet was improperly calculated. Accordingly, we reverse and remand with directions to recalculate the scoresheet and to impose a sentence not to exceed six and one-half years’ incarceration. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

REVERSED AND REMANDED WITH DIRECTIONS.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.