Woods v. State

HARRIS, Chief Judge.

Stanley Woods was convicted of both robbery (Shell Station) and armed robbery (Pizza Hut). We affirm the convictions but reverse for resentencing.

On Woods’ scoresheet, the armed robbery was scored as the primary offense. The “additional offense at sentencing” (the Shell robbery), a second degree felony, was scored as though it had been reclassified as a first degree felony because Woods wore a mask during the robbery. See generally section 775.0845, Florida Statutes (1993). We find that to be error. Although the testimony indicated that he did, in fact, wear a mask during…