Smith v. State

Colby Allen Smith appeals the sentences imposed on remand following this court’s opinion in Smith v. State, 844 So.2d 755 (Fla. 1st DCA 2003), for crimes he committed on March 17, 1997. We REVERSE and REMAND for resentencing using an appropriate scoresheet that reflects the proper scoring of Smith’s attempt offenses at two levels below the completed offenses, pursuant to the guidelines in effect prior to the 1995 guidelines. See § 777.04(4)(a), Fla. Stat. (1993) (“Except as otherwise provided in s. 921.0012, the offense of criminal attempt or criminal solicitation is ranked on the offense…