SYLVESTER JOHNSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Sylvester Johnson appeals the denial of his motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). He contends that when he was resentenced on January 24, 1996, pursuant to our remand in Johnson v. State, 664 So. 2d 36 (Fla. 5th DCA 1995), the scoresheet used to sentence him for attempted first degree murder with a deadly weapon erroneously included as additional offenses the two crimes for which he received habitual felony offender sentences. Including the two additional offenses increased the total of his scoresheet and placed him within a higher guideline range. We agree that the inclusion of the two additional offenses was improper. Therefore, we vacate the order denying his motion and remand for re-sentencing upon the primary offense only, the conviction for attempted first degree murder. See Frazier v. State, 762 So. 2d 575 (Fla. 4th DCA 2000).
ORDER VACATED; REMANDED.
THOMPSON, C.J., COBB and PETERSON, JJ., concur.
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Andrews v. State, 845 So. 2d 1010 (Fla. 5th DCA 2003)…primary offense, it also fails to indicate any life felony was scored. Strangely, the sexual battery conviction was one of the offenses for which Andrews was habitual-ized, so it should not have been included on the scoresheet. See Johnson v. State, 824 So. 2d 1012 (Fla. 5th DCA 2002). REVERSED and REMANDED for further proceedings. GRIFFIN and PLEUS, JJ., concur. . Although burglary of a dwelling with a battery is normally a first degree felony punishable by life, Andrews conviction must have [*1011] been r…
Authorities Cited
- Johnson v. State, 664 So. 2d 36 (Fla. 5th DCA 1995)
- Frazier v. State, 762 So. 2d 575 (Fla. 4th DCA 2000)