Florida District Courts of Appeal, 1991

Rodriguez v. State

Rodriguez v. State
Florida District Courts of Appeal · Decided November 19, 1991 · Ferguson, Jorgenson, Levy
588 So. 2d 76; 1991 Fla. App. LEXIS 11481; 1991 WL 240713 (Southern Reporter, Second Series)

Rodriguez v. State

Opinion of the Court

PER CURIAM.

Upon the State’s proper confession of error, we reverse the departure sentence and remand for resentencing within the *77guidelines range. See Williams v. State, 544 So.2d 1125 (Fla. 3d DCA 1989) (trial court improperly departed from sentencing guidelines on ground that defendant committed robbery in calculated, premeditated manner).

Upon remand, before resentencing, the trial court shall resolve the disputed scoring related to defendant’s prior record.

Sentence reversed; remanded with instructions.

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