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Fortune v. State

District Court of Appeal of Florida, First District
Feb 2, 2001
776 So. 2d 1042 (Fla. Dist. Ct. App. 2001)

Opinion

No. 1D00-3227.

Opinion filed February 2, 2001.

An appeal from the Circuit Court for Jefferson County. F.E. Steinmeyer, III, Judge.

Remanded.

Appellant, pro se.

Robert A. Butterworth, Attorney General, and James W. Rogers, Assistant Attorney General, Tallahassee, for Appellee.


We vacate appellant's sentence and remand this case for the trial court to resentence appellant pursuant to a corrected scoresheet indicating appellant committed a second-degree felony rather than a first-degree felony. See Harris v. State, 667 So.2d 265, 266 (Fla. 1st DCA 1995) (vacating appellant's sentence and remanding the case for resentencing because the guidelines scoresheet incorrectly scored the offenses as first-degree felonies rather than second-degree felonies); State v. Iacovone, 660 So.2d 1371 (Fla. 1995) (holding that section 784.07(3), Florida Statutes (1993), which classifies attempted murder of a law enforcement officer as a life felony, is limited to first-degree murder); State v. Stevens, 714 So.2d 347 (Fla. 1998) (holding that Iacovone must be applied retroactively).

REMANDED.

BENTON, PADOVANO and POLSTON, JJ., Concur.


Summaries of

Fortune v. State

District Court of Appeal of Florida, First District
Feb 2, 2001
776 So. 2d 1042 (Fla. Dist. Ct. App. 2001)
Case details for

Fortune v. State

Case Details

Full title:SHANNON EARL FORTUNE, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, First District

Date published: Feb 2, 2001

Citations

776 So. 2d 1042 (Fla. Dist. Ct. App. 2001)