Florida District Courts of Appeal, 2000

Joseph v. State

Joseph v. State
Florida District Courts of Appeal · Decided December 13, 2000 · Dell, Gunther, Polen
771 So. 2d 1293; 2000 Fla. App. LEXIS 16197; 2000 WL 1816705 (Southern Reporter, Second Series)

Joseph v. State

Opinion of the Court

PER CURIAM.

We affirm appellant’s convictions for second degree murder, robbery with a firearm and armed burglary of a dwelling.

We accept the state’s concession that the trial court based its sentence upon an erroneous scoresheet. Thirty points should be scored if a defendant has on his record a “prior serious felony” ranked in level 8, 9 or 10. False imprisonment, § 787.02(l)(a) Florida. Statutes, however, is a level 6 offense, § 921.0022(3) Florida Statutes *1294(1995). We therefore reverse appellant’s sentences and remand for sentencing pursuant to a corrected scoresheet.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, GUNTHER and POLEN, JJ., concur.

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