MARANDA WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant appeals her convictions and sentences on three counts of home-invasion robbery with firearm or deadly weapon stemming from a single entry into a dwelling with multiple occupants. The State properly concedes that two of the three convictions must be vacated, as these convictions constitute a double jeopardy violation. See Bowers v. State, 679 So.2d 340 (Fla. 1st DCA 1996). We reverse and remand with directions that the trial court vacate Appellant’s convictions and sentences for two of the three counts.
We also remand for recalculation of the scoresheet and for resentencing based solely upon the reduction of the sentencing range as a result of the two vacated convictions. See Oliver v. State, 75 So.3d 349 (Fla. 1st DCA 2011); Cook v. State, 813 So.2d 1010 (Fla. 1st DCA 2002).
All other issues raised on appeal are affirmed.
AFFIRMED in part, REVERSED in part, and REMANDED for resentencing.
THOMAS, WETHERELL, and MARSTILLER, JJ., concur.
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Fernandez v. State, 199 So. 3d 500 (Fla. 2d DCA 2016)…. 3d 181, 183 (Fla. 2d DCA 2011); Brown v. State, 1 So. 3d 1231, 1233 (Fla. 2d DCA 2009); Olivera v. State, 92 So. 3d 924, 926 (Fla. 4th DCA 2012), disapproved on other grounds by State v. Tuttle, 177 So. 3d 1246, 1253 (Fla.2015); Williams v. State, 92 So. 3d 322, 322 (Fla. 1st DCA 2012); Capron v. State, 948 So. 2d 954, 961 (Fla. 5th DCA 2007). These cases follow the general sentencing rule that a defendant has a fundamental right to be sentenced under a correctly calculated scoresheet. See State v. Mackey,…
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Munn v. State, 136 So. 3d 721 (Fla. 1st DCA 2014)…PER CURIAM. We affirm the defendant’s convictions and sentences in all respects, save one. As the State concedes, his multiple convictions for home invasion robbery violate double jeopardy. See Williams v. State, 92 So. 3d 322 (Fla. 1st DCA 2012). Therefore, as to those counts, we reverse and remand for the trial court to vacate two of the three convictions of home invasion robbery. In all other respects, the judgment and sentence are affirmed. [*722] Affirmed in part, re…
Authorities Cited
- Bowers v. State, 679 So. 2d 340 (Fla. 1st DCA 1996)
- Oliver v. State, 75 So. 3d 349 (Fla. 1st DCA 2011)
- Cook v. State, 813 So. 2d 1010 (Fla. 1st DCA 2002)