Florida District Courts of Appeal, 1997

Barker v. State

Florida District Courts of Appeal · Decided April 30, 1997 · Dell, Farmer, Gunther

693 So. 2d 648; 1997 Fla. App. LEXIS 4822; 1997 WL 212784 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

Although we affirm appellant’s conviction, we reverse the sentence. It was error to assess additional points for legal status in the absence of record evidence that defendant was on posi-trial release as opposed to pretrial release.

REVERSED AND REMANDED FOR RESENTENCING.

GUNTHER, C.J., and DELL and FARMER, JJ., concur.

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