Florida District Courts of Appeal, 1994

Thomas v. State

Thomas v. State
Florida District Courts of Appeal · Decided June 1, 1994 · Glickstein, Polen, Warner
637 So. 2d 368; 1994 Fla. App. LEXIS 5271; 1994 WL 234354 (Southern Reporter, Second Series)

Thomas v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s conviction and that part of his sentence which requires restitution.

However, as to the scoresheet used in his sentencing, appellant raises three questions, only one of which we conclude to have merit. Contrary to rule 3.701(d)(5)(G), the trial court erroneously scored a 1969 escape conviction which occurred while appellant was a juvenile and more than three years prior to the present offense. Because of this error we reverse the sentence and remand for resentencing.

GLICKSTEIN, WARNER and POLEN, JJ., concur.

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