Degregorio v. StateDegregorio v. State
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Anthony Degregorio appeals his conviction and sentence for attempted second-degree murder with a firearm. We affirm without discussion the conviction. Because of several errors with the imposed sentence, we reverse the sentence and remand for resentencing with a corrected scoresheet.
The offense occurred on July 3, 1997, and the October 1995 sentencing guidelines were properly used in preparing the sentencing scoresheet. Even though the scoresheet contains a scrivener’s error reflecting that the conviction is a first-degree felony, the conviction was properly scored as a second-degree felony. See §§ 777.04(4)(e) and 782.04(2), Fla. Stat. (1995). The conviction was also properly scored as a Level 9 offense. See §§ 777.04(4)(a) and 921.0012, Fla. Stat. (1995). As the State concedes, the score-sheet erroneously included eighteen points for the use of a firearm. See
When the scoresheet is properly calculated, the sentence range is 78.7 months to 131.2 months in prison. Degregorio was actually sentenced to 123 months in prison followed by 5 years of probation, a sentence that exceeds the guidelines recommended sentence and the maximum sentence allowed under section 775.082(2)(c), Florida Statutes (1995), for a second-degree felony, fifteen years. See
Conviction affirmed, sentence réversed and remanded for resentencing with a corrected scoresheet.
THREADGILL, A.C.J., and STRINGER, J., Concur.