Smith v. State

GRIMES, Acting Chief Judge.

Appellant was convicted of battery and burglary with intent to commit an assault. On the guidelines scoresheet, the burglary, which was the primary offense at conviction, was scored at sixty points. As computed, the recommended range under the guidelines was three and one half to four and one half years. The court sentenced appellant to concurrent terms of four and one half years for the burglary and one year for the battery.

On appeal appellant argues that the burglary was improperly scored as a first degree felony. Because the information did not allege appellant…