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ROCHA v. STATE

No. 96-3573.

697 So.2d 1021 (1997)

Juan Miguel ROCHA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 20, 1997.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Lisa Walsh, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Mark Rosenblatt, Assistant Attorney General, for appellee.

Before NESBITT, JORGENSON and SORONDO, JJ.

Confession of Error

PER CURIAM.

Upon the State's proper confession of error, we vacate the sentence imposed by the trial court and remand for resentencing. The sentencing guidelines scoresheet 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).

Because the trial court was not aware that it was using...

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