Rotz v. State

DANIEL, Judge.

Michael Anthony Rotz appeals a judgment and sentence for burglary of a structure. Rotz contends that the sentence is illegal because it was partially based on an improperly scored prior Indiana conviction. Florida Rule of Criminal Procedure 3.701(d)(5)(a)(2) requires assignment of the score for the Florida statute analogous to that out-of-state conviction. However, it is not clear from the record under which Indiana statute the defendant was convicted. Thus, we must remand for resentenc-ing for either substantiation of the appropriate Indiana statute1 to be analogized to Florida…