CLARENCE BABCOCK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Babcock pleaded guilty to murder in the first degree, armed burglary, and possession of a firearm by a convicted felon. Babcock argues and the State concedes that he cannot be assessed points on his sentencing guidelines scoresheet for the additional offense of possession of a firearm by a convicted felon because he was sentenced on this offense as an habitual violent felony offender. See Byrd v. State, 643 So. 2d 1209 (Fla. 1st DCA 1994). We remand for resentencing on the armed burglary offense due to the incorrect scoresheet. The trial judge was unaware that a departure sentence had been imposed and, upon remand, he may impose any lawful sentence originally available, including a departure sentence, provided written reasons are given. State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Byrd v. State, 643 So. 2d 1209 (Fla. 1st DCA 1994); Kelly v. State, 616 So. 2d 100 (Fla. 1st DCA 1993). We affirm in all other respects.
Affirmed in part, reversed in part, and remanded.
JOANOS, MICKLE and LAWRENCE, JJ., concur.
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Hedendal v. Hedendal, 695 So. 2d 391 (Fla. 4th DCA 1997)…denied, 592 So. 2d 679 (Fla.1991); and Knecht v. Knecht, 629 So. 2d 883 (Fla. 3rd DCA 1993), rev. denied, 644 So. 2d 1041 (Fla.1994). The trial court also indicated the amount as $25,-000 instead of $24,000, which should be corrected. Burk v. Burk, 666 So. 2d 953 (Fla. 1st DCA 1996). The husband’s expenditure of $25,000 from this fund for redecorating his office should have been deducted from the fund before assessing each party with half of $63,-580. As the valuation of the husband’s business should have a…
Authorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- Nisa Vichaikul v. S.C.A.C. Enters., Inc., 616 So. 2d 100 (Fla. 2d DCA 1993)
- Byrd v. State, 643 So. 2d 1209 (Fla. 1st DCA 1994)