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640 So. 2d 1249

Bolhorst v. State

District Court of Appeal of Florida

Decided August 12, 1994

District Court of Appeal of Florida · decided 1994-08-12

Cited by 1 later decisions — most recently June 2008

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1994-08-12

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W. SHARP, Judge.

¶1Bolhorst entered a plea of guilty to burglary of a dwelling,1 and grand theft.2 He argues the nineteen-year sentence imposed on the burglary charge exceeds the fifteen-year statutory maximum sentence for a second degree felony,3 and that errors were made in the sentencing seoresheet which would place him in a lower sentencing bracket. Specifically, there is no record support for the three third degree felonies which were scored as additional offenses at conviction and, in addition, a mathematical error was also made.

¶2The state concedes error. Accordingly wé vacate the sentence imposed for count I and remand for resentencing. We affirm this ease in all other regards.

¶3AFFIRM in part; VACATE Sentence; REMAND for Resentencing.

GOSHORN and PETERSON, JJ., concur.

¶4. § 810.02(3), Fla.Stat. (1989).

¶5. § 812.041, Fla.Stat. (1989).

¶6. §§ 810.01(3); 775.082(3)(c), Fla.Stat. (1989).

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