PATRICK JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We affirm the convictions of appellant, except with respect to one of the two counts of burglary with a battery. The state concedes it is error to convict on both counts because only a single entry was proved. Troedel v. State, 462 So. 2d 392 (Fla.1984).
The appellant also complains of scoresheet errors. We hold that it was error to include points for subsequent offenses, and for the one burglary with a battery count which we reverse. See Florida Rule of Criminal Procedure 3.701(d)(5)(a); Torres v. State, 544 So. 2d 1100 (Fla. 2d DCA 1989). We do not find error in the remaining points raised. Although even with the exclusion of these points appellant’s total still far exceeds the minimum to. place him in the life in prison range, we nevertheless remand for correction of the scoresheet and resentencing. Appellant is entitled to be sentenced based on an accurate scoresheet. Ratushinak v. State, 517 So. 2d 749 (Fla. 4th DCA 1987).
Affirmed in part; reversed in part and remanded for further proceedings.
DOWNEY, GUNTHER and WARNER, JJ., concur.
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Boutwell v. State, 631 So. 2d 1094 (Fla. 1994)…was an intent to commit separate crimes in each of those cases. In the instant case it was fortuitous that four persons were injured as a result of Boutwell’s negligent driving instead of only one. We find this case more analogous to James v. State, 567 So. 2d 59 (Fla. 4th DCA 1990), review dismissed, 576 So. 2d 288 (Fla.1991), in which the court held that it was error to convict on two counts of burglary with a battery because only one entry had been proven. Accordingly, we quash the decision below and rem…
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Jeanie Melbourne v. State, 655 So. 2d 126 (Fla. 5th DCA 1995)…court should have merged counts four and five not only for sentencing purposes but also for purposes of rendering a single judgment of conviction. Troedel v. State, 462 So. 2d 392, 399 (Fla. 1984). Relying on Troedel, the court in James v. State, 567 So. 2d 59 (Fla. 4th DCA 1990), held that two convictions of burglary with a battery could not stand (the case does not make it clear whether there were two victims or merely two distinct batteries on the same victim) because there was but a single entry. Bat…1 / 2
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de Jesus v. State, 684 So. 2d 875 (Fla. 3d DCA 1996)…A 1986). We do agree with both parties that Dejesus was improperly convicted of two counts of burglary with an assault on the basis of attacks on two separate victims within the home. See Troedel v. State, 462 So. 2d 392 (Fla.1984); James v. State, 567 So. 2d 59 (Fla. 4th DCA 1990), cause dismissed, 576 So. 2d 288 (Fla.1991). The conviction and 'sentence for the second count of burglary with an assault (count four) are therefore vacated. Similarly, we agree that the written sentence as to count seven, grand…
Authorities Cited
- Troedel v. State, 462 So. 2d 392 (Fla. 1984)
- Ratushinak v. State, 517 So. 2d 749 (Fla. 4th DCA 1987)
- Torres v. State, 544 So. 2d 1100 (Fla. 2d DCA 1989)