PHILLIP PIZARRO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1992-02-12
No. 90-2799
LETTS, STONE and WARNER, JJ., concur.
593 So. 2d 604 Florida District Court of Appeal, Fourth District (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The state concedes that the trial court used the wrong scoresheet; a category-nine form instead of a category eight. This cause is reversed and remanded for the preparation of a corrected guidelines scoresheet. Because the trial court did not realize that it was imposing a departure sentence, the trial court may, on remand, consider whether departure is appropriate. Butler v. State, 579 So. 2d 327 (Fla. 5th DCA 1991).

We find no reversible error in the remaining points on appeal.

REVERSED AND REMANDED.

LETTS, STONE and WARNER, JJ., concur.


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  • Smith v. State, 641 So. 2d 976 (Fla. 4th DCA 1994)
    …to consider a departure sentence because it was unaware that it was acting on an improperly scored sentencing guidelines scoresheet. See State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Roberts v. State, 547 So. 2d 129 (Fla.1989); Pizarro v. State, 593 So. 2d 604 (Fla. 4th DCA 1992); Butler. KLEIN, PARIENTE and STEVENSON, JJ., concur.…

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