ROBERTO GOMEZ-VICENTE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Court affirmed robbery and burglary convictions but remanded for resentencing under 1994 guidelines and correction of firearm possession points on the guidelines scoresheet.
Defendant's convictions for robbery with a firearm and burglary of an occupied conveyance are affirmed, but the case is remanded for resentencing under the 1994 guidelines and correction of the guidelines scoresheet.
[1] A defendant who committed offenses on February 14, 1997, may be entitled to resentencing under the 1994 sentencing guidelines rather than the 1995 guidelines.
[2] Improper assessment of firearm possession points on a guidelines scoresheet requires remand for correction and potential resentencing.
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ON MOTION FOR REHEARING— GRANTED
PER CURIAM.
We grant the motion for rehearing, withdraw this court’s opinion filed August 30, 2000, and issue the following opinion in its place.
Roberto Gomez-Vicente (defendant) appeals from convictions and sentences for robbery with a firearm and burglary of an occupied conveyance with an assault or battery therein with a firearm. We find merit in only one issue raised in this appeal and accordingly affirm the defendant’s convictions. The state correctly concedes that defendant committed his offenses on February 14, 1997, and that he may be entitled to be resentenced under the 1994 guidelines. See Trapp v. State, 760 So. 2d 924 (Fla.2000); Heggs v. State, 759 So. 2d 620 (Fla.2000).
Accordingly, we remand this matter to the trial court to determine whether the defendant was adversely affected by the 1995 sentencing guidelines, and if so, to resentence him pursuant to the 1994 guidelines. See Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000), review denied, No. SC00-652, 776 So. 2d 276 (Fla. Nov.3, 2000). On remand, the defendant’s guidelines scoresheet must also be corrected to delete the improper assessment of eighteen points for possession of a firearm. See Thomas v. State, 685 So. 2d 867 (Fla. 2d DCA 1996); § 921.004, Fla. Stat. (1997); Fla.R.Crim.P. 3.702(d)(12).
Affirmed in part; reversed in part and remanded with directions.
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Citator
Authorities Cited
- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Xzavier Trapp v. State, 760 So. 2d 924 (Fla. 2000)
- Diaz v. State, 752 So. 2d 105 (Fla. 3d DCA 2000)
- Thomas v. State, 685 So. 2d 867 (Fla. 2d DCA 1996)