ROBBINS v. STATE

No. 85-689.

482 So.2d 580 (1986)

Todd William ROBBINS, a/K/a James Allen Watson, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

February 6, 1986.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Daniel J. Schafer, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for appellee.


ORFINGER, Judge.

This is an appeal from a guidelines sentence. Appellant contends that the trial court erred in relying upon disputed hearsay statements in the pre-sentence investigation report in determining the degree of prior felony convictions. We agree and vacate the sentence.

At the sentencing hearing a dispute arose over how to score two prior convictions of burglary which occurred in Virginia. The convictions were called "statutory burglaries" under...

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