Thorn v. State

HALL, Judge.

The appellant alleges error in the calculation of his score under the sentencing guidelines. We agree that points were improperly included in the appellant’s score for legal constraint and remand for resen-tencing.

The appellant was charged in count one of an amended information filed on June 25,1985, with burglary and in the course of committing the burglary committing battery in violation of section 810.02, Florida Statutes (1985). The second count charged the appellant with battery in violation of section 784.03, Florida Statutes (1985). Pursuant to a plea agreement, the…