Lewis v. State

952 So.2d 1271 (2007)

Gene LEWIS, Jr., Appellant/Cross-Appellee,

v.

STATE of Florida, Appellee/Cross-Appellant.

No. 5D06-248.

District Court of Appeal of Florida, Fifth District.

April 13, 2007.

Kurt Erlenbach, of Kurt Erlenbach, P.A., Titusville, for Appellant/Cross-Appellee.

Bill McCollum, Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Appellee/Cross-Appellant.

ORFINGER, J.

Gene Lewis, Jr. timely appeals his sentence for manslaughter with a firearm. Mr. Lewis argues that his scoresheet erroneously increased the level of his offense from a level 7,…