Green v. State
Green v. State
Opinion of the Court
Pursuant to an adverse jury verdict the trial court adjudicated Antonio Green guilty of first degree murder with a firearm, armed robbery, and armed burglary. We affirm Green’s convictions on all counts, but reverse the sentences imposed as to the armed robbery and armed burglary.
The crimes at issue occurred on November 22, 1992. The sentencing guidelines in effect at the time of the offenses control. See Henderson v. State, 572 So.2d 972, 974 (Fla. 3d DCA 1990). We reverse Green’s sentences as to the armed robbery and armed burglary as no sentencing guidelines scoresheet appears in the record and the transcript of the sentencing hearing does not reflect that the trial judge considered one in imposing the sentences in this case. See Taylor v. State, 563 So.2d 822, 823 (Fla. 2d DCA 1990).
In sum, we find the points raised by Green with respect to his judgment of conviction to be without merit and affirm it on all counts. Further, we affirm the sentence imposed for the first degree murder with a firearm. Lastly, we reverse the sentences imposed for the armed robbery and armed burglary convictions and remand for resentencing with the instruction that a correctly prepared scoresheet be used.
. We note that the guidelines do not apply to the first degree murder conviction, a capital felony. se § 921.001(4)(a), Fla.Stat. (1991).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.