Atwater v. State

District Court of Appeal of Florida

Decided October 1, 1999

District Court of Appeal of Florida · decided 1999-10-01

Cited by 1 later decisions — most recently March 2001

1 state decisions

Relies on 738 So. 2d 372 - Howard v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-10-01

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THOMPSON, J.

¶1We affirm the convictions in this consolidated appeal based on Howard, v. State, 24 Fla. L. Weekly D1419, 738 So.2d 372 (Fla. 5th DCA 1999).

¶2We reverse the sentences for conspiracy to commit racketeering, however, because the court incorrectly ranked the convictions as level 8 offenses. Section 777.04(4)(a), Florida Statutes, provides that criminal conspiracy is ranked one level below the ranking of the substantive offense, unless otherwise provided in section 921.0012, Florida Statutes. Racketeering is ranked as a level 8 offense, and conspiracy to commit racketeering is not specifically listed. See § 921.0012(3), Fla. Stat. Accordingly, the appellants’ convictions for conspiracy should have been ranked as level 7 offenses, and the cases are remanded for re-sentencing as level 7 offenses.

¶3AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

ANTOON, C.J., and GRIFFIN, J., concur.