Summary
In Cochran v. State, 592 So.2d 784 (Fla. 4th DCA 1992), however, we rejected the same argument in identical circumstances.
Summary of this case from Bendel v. StateOpinion
No. 91-1471.
January 29, 1992.
Appeal from the Circuit Court, Martin County, Larry Schack, J.
Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellee.
The appellant's sentence, founded on an erroneously scored guideline, is reversed. Flowers v. State, 586 So.2d 1058 (Fla. 1991); Carter v. State, 586 So.2d 340 (Fla. 1991). We recognize that the mandated rescoring will not alter the permitted range of sentencing. Nevertheless, it cannot be assumed here that the change in score might not impact the exercise of the court's discretion.
GLICKSTEIN, C.J., and STONE and FARMER, JJ., concur.