Legal Opinion

Pizarro v. State

District Court of Appeal of Florida

Decided February 12, 1992No. 90-2799PublishedCited by 1 opinion

1Per curiam

The state concedes that the trial court used the wrong scoresheet; a category-nine form instead of a category eight. This cause is reversed and remanded for the preparation of a corrected guidelines scoresheet. Because the trial court did not realize that it was imposing a departure sentence, the trial court may, on remand, consider whether departure is appropriate. Butler v. State, 579 So.2d 327 (Fla. 5th DCA 1991).

We find no reversible error in the remaining points on appeal.

REVERSED AND REMANDED.

LETTS, STONE and WARNER, JJ., concur.

2Cases cited1 opinion

  1. Butler v. StateDistrict Court of Appeal of Florida · 1991

3Cited by1 opinion

  1. Smith v. StateDistrict Court of Appeal of Florida · 1994