CRUZ v. STATE

No. 2D00-3393.

789 So.2d 441 (2001)

Ismael CRUZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 27, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn M. Giambalvo, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.


DAVIS, Judge.

Ismael Cruz challenges his sentence for three counts of attempted manslaughter, arguing that the offenses were improperly ranked on his guidelines scoresheet. We agree and reverse.

Cruz was convicted of three counts of attempted manslaughter with a firearm and was originally sentenced using a 1995 guidelines scoresheet. The trial court granted Cruz's subsequent 3.800(a) motion to correct the illegal sentence because Cruz's offense occurred within...

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