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697 So. 2d 1021

Rocha v. State

District Court of Appeal of Florida

Decided August 20, 1997

District Court of Appeal of Florida · decided 1997-08-20

Relies on 552 So. 2d 1107 - State v. Betancourt

Decided 1997-08-20

¶1Confession of Error

PER CURIAM.

¶2Upon the State’s proper confession of error, we vacate the sentence imposed by the trial court and remand for resentencing. The sentencing guidelines seoresheet improperly classified two counts as level 7 offenses, when the offenses — unlisted third degree felonies — should have been ranked as level 1 offenses. §§ 921.0012; 921.0013 (1993).

¶3Because the trial court was not aware that it was using an incorrect seoresheet, on remand the court may consider whether it would be proper to impose a departure sentence. See State v. Betancourt, 552 So.2d 1107 (Fla.1989).

¶4Sentence vacated; remanded for further consistent proceedings.

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