Napier v. State
Napier v. State
Opinion of the Court
Robert Napier appeals the sentences imposed upon him based upon a sentencing guidelines point total calculated by multiplying the number of points assessed for legal constraint by the number of his felony convictions. The state recognizes that this court’s decisions require that appellant’s sentence be vacated, and the case remanded for resentencing. See Wilson v. State, 580 So.2d 303 (Fla. 1st DCA1991); Sellers v. State, 578 So.2d 339 (Fla. 1st DCA 1991). Accord Scott v. State, 574 So.2d 247 (Fla. 2d DCA 1991), jurisdiction accepted, decision pending, State v. Scott, 581 So.2d 1310 (Fla. 1991); Lewis v. State, 574 So.2d 245 (Fla. 2d DCA 1991), jurisdiction accepted, State v. Lewis, 580 So.2d 753 (Fla. 1991); Cabrera v. State, 576 So.2d 1358 (Fla. 3d DCA 1991). However, the state maintains that if the issue is remanded for resentencing, the guidelines score-sheet should be corrected to reflect that appellant was convicted of six counts of burglary of a dwelling, a second degree felony, rather than burglary of a structure, a third degree felony. We agree.
Accordingly, appellant’s sentences are vacated and the cause is remanded for re-sentencing, pursuant to this court’s decisions in Wilson and in Sellers. Upon remand, the guidelines scoresheet should be
Case-law data current through December 31, 2025. Source: CourtListener bulk data.