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771 So. 2d 1293

Joseph v. State

District Court of Appeal of Florida

Decided December 13, 2000

District Court of Appeal of Florida · decided 2000-12-13

Decided 2000-12-13

PER CURIAM.

¶1We affirm appellant’s convictions for second degree murder, robbery with a firearm and armed burglary of a dwelling.

¶2We accept the state’s concession that the trial court based its sentence upon an erroneous scoresheet. Thirty points should be scored if a defendant has on his record a “prior serious felony” ranked in level 8, 9 or 10. False imprisonment, § 787.02(l)(a) Florida. Statutes, however, is a level 6 offense, § 921.0022(3) Florida Statutes *1294(1995). We therefore reverse appellant’s sentences and remand for sentencing pursuant to a corrected scoresheet.

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

DELL, GUNTHER and POLEN, JJ., concur.
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