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Ulpierre v. State

District Court of Appeal of Florida, Third District
Jul 2, 1991
581 So. 2d 258 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-645.

July 2, 1991.

An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Patricia Ann Ash, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.


The state concedes that the trial court erred in failing to resolve any discrepancy in the scoresheet and not correcting the scoresheet to reflect the accurate score. See State v. Wright, 574 So.2d 321 (Fla. 4th DCA 1991); Wills v. State, 561 So.2d 1355 (Fla. 2d DCA 1990). We agree. Accordingly, we vacate the sentence and remand for resentencing pursuant to the correct sentencing guideline scoresheet.

The sentence is vacated and remanded for further proceedings.


Summaries of

Ulpierre v. State

District Court of Appeal of Florida, Third District
Jul 2, 1991
581 So. 2d 258 (Fla. Dist. Ct. App. 1991)
Case details for

Ulpierre v. State

Case Details

Full title:WILLIAM ULPIERRE, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jul 2, 1991

Citations

581 So. 2d 258 (Fla. Dist. Ct. App. 1991)

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