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687 So. 2d 966

Robinson v. State

District Court of Appeal of Florida

Decided February 14, 1997

District Court of Appeal of Florida · decided 1997-02-14

Decided 1997-02-14

COBB, Judge.

¶1While appellant has raised several issues on appeal, we find only one has merit.

¶2Robinson was convicted of home invasion robbery (Count I), aggravated assault with a deadly weapon (Count II), grand theft (Count III) and battery (Count IV). He was sentenced to ten years incarceration on Count I, five years incarceration on Count II concurrent with Count I, and time served on Counts III and IV.

¶3As Robinson correctly points out, the sentencing guidelines in effect at the time the offenses were committed do not rank home invasion robbery, thus triggering section 921.0013(3), Fla. Stat. (1993), which requires Count I to be scored as a level 7 offense.

¶4Accordingly, we affirm all convictions but reverse the sentences and remand for resen-tencing utilizing a corrected seoresheet.

¶5AFFIRMED IN PART; REVERSED IN PART.

HARRIS and THOMPSON, JJ., concur.
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