Florida District Courts of Appeal, 1991

Springs v. State

Springs v. State
Florida District Courts of Appeal · Decided May 30, 1991 · Nimmons, Shivers, Wigginton
579 So. 2d 915; 1991 Fla. App. LEXIS 5434; 1991 WL 90959 (Southern Reporter, Second Series)

Springs v. State

Opinion of the Court

PER CURIAM.

Appellant seeks review of a judgment and sentence involving multiple counts of armed sexual battery and kidnapping. Appellant now files an uncontested motion for remand, showing that the sentencing guidelines scoresheet includes a juvenile offense which is improper under Morgan v. State, 520 So.2d 105 (Fla. 2d DCA 1988). We treat this as a confession of error pursuant to Wiley v. State, 578 So.2d 903 (Fla. 1st DCA 1991), and reverse and remand for resentencing with a corrected scoresheet.

REVERSED and REMANDED.

SHIVERS, C.J., and WIGGINTON and NIMMONS, JJ., concur.

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