Opinion
No. 4D99-262.
Opinion filed November 15, 2000.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Harold J. Cohen, Judge; L.T. Case No. 96-11711 CFA02.
Remanded for re-sentencing.
Donna Levine of the Law Offices of Donna Levine, West Palm Beach, and Fredrick R. Susaneck of Essen, Essen, Susaneck, Canet Lipson, P.A., West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.
We affirm the conviction for premeditated murder. Having reviewed the record, we find there was sufficient evidence to sustain the jury's finding of premeditation. The use of a single verdict form that did not specify whether the jury found him guilty of premeditated or felony first-degree murder was proper. See San Martin v. State , 717 So.2d 462 (Fla. 1998); Brown v. State, 473 So.2d 1260 (Fla. 1985).
We reverse for re-sentencing on the robbery conviction because of the trial court's failure to have a sentencing guideline scoresheet.
WARNER, C.J., and TAYLOR, J., Concur.