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VANCE v. STATE

No. 89-2257.

565 So.2d 915 (1990)

Garland VANCE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 29, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Cherry Grant, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John M. Koenig, Jr., Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We reject appellant's constitutional attacks on the authority of Schmitt v. State, 563 So.2d 1095 (Fla. 4th DCA 1990); and Osborne v. Ohio, 495 U.S. ___, 110 S.Ct. 1691, 109 L.Ed.2d 98 (1990).

We agree with appellant that he was improperly sentenced under a category 2 scoresheet rather than a category 9 scoresheet. Category 2 covers only sexual offenses prosecuted under chapters 794 and 800 and...

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