JOSEPH v. STATE

No. 4D00-254.

771 So.2d 1293 (2000)

Cedernier JOSEPH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 13, 2000.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Lara J. Edelstein, Assistant Attorney General, West Palm Beach, for appellee.


PER CURIAM.

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

We 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(1)(a) Florida. Statutes, however, is a level 6 offense, § 921.0022(3) Florida...

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