JOHN F. BOLHORST, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1994-08-12
No. 94-411
GOSHORN and PETERSON, JJ., concur.
640 So. 2d 1249 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 2 cases


Opinion of the Court
W. SHARP, Judge.

W. SHARP, Judge.

Bolhorst entered a plea of guilty to burglary of a dwelling,1 and grand theft.2 He argues the nineteen-year sentence imposed on the burglary charge exceeds the fifteen-year statutory maximum sentence for a second degree felony,3 and that errors were made in the sentencing seoresheet which would place him in a lower sentencing bracket. Specifically, there is no record support for the three third degree felonies which were scored as additional offenses at conviction and, in addition, a mathematical error was also made.

The state concedes error. Accordingly wé vacate the sentence imposed for count I and remand for resentencing. We affirm this ease in all other regards.

AFFIRM in part; VACATE Sentence; REMAND for Resentencing.

GOSHORN and PETERSON, JJ., concur. . § 810.02(3), Fla.Stat. (1989).

. § 812.041, Fla.Stat. (1989).

. §§ 810.01(3); 775.082(3)(c), Fla.Stat. (1989).


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  • Bolhorst v. State, 983 So. 2d 708 (Fla. 5th DCA 2008)
    …entenced to nine years incarceration followed by ten years probation. Bolhorst appealed and this court vacated the sentence because the total sanction of nineteen years exceeded the statutory maxi-, mum for a second degree felony. Bolhorst v. State, 640 So. 2d 1249 (Fla. 5th DCA 1994). On remand, Bolhorst was resen-tenced to nine years incarceration followed by six years probation. There was no direct appeal of Bolhorst’s resentencing. In his motion to correct sentence, Bolhorst claimed that upon resentencing…

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