Florida District Courts of Appeal, 1994

Bolhorst v. State

Florida District Courts of Appeal · Decided August 12, 1994 · Goshorn, Peterson, Sharp

640 So. 2d 1249; 1994 Fla. App. LEXIS 8021; 1994 WL 419624 (Southern Reporter, Second Series)

Opinion of the Court

W. SHARP, Judge.

Bolhorst entered a plea of guilty to burglary of a dwelling,1 and grand theft.2 He argues the nineteen-year sentence imposed on the burglary charge exceeds the fifteen-year statutory maximum sentence for a second degree felony,3 and that errors were made in the sentencing seoresheet which would place him in a lower sentencing bracket. Specifically, there is no record support for the three third degree felonies which were scored as additional offenses at conviction and, in addition, a mathematical error was also made.

The state concedes error. Accordingly wé vacate the sentence imposed for count I and remand for resentencing. We affirm this ease in all other regards.

AFFIRM in part; VACATE Sentence; REMAND for Resentencing.

GOSHORN and PETERSON, JJ., concur.

. § 810.02(3), Fla.Stat. (1989).

. § 812.041, Fla.Stat. (1989).

. §§ 810.01(3); 775.082(3)(c), Fla.Stat. (1989).

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