Kennis Lee SCHUMMER, Appellant/Cross-Appellee,
v.
STATE of Florida, Appellee/Cross-Appellant.
District Court of Appeal of Florida, First District.
Nancy A. Daniels, Public Defender and Glen P. Gifford, Asst. Public Defender, Tallahassee, for appellant/cross-appellee.
Robert A. Butterworth, Atty. Gen. and Sonya Roebuck Horbelt, Asst. Atty. Gen., Tallahassee, for appellee/cross-appellant.
PER CURIAM.
We have for review the appeal of Kennis Lee Schummer (Schummer), and the cross-appeal of the State. The jury found Schummer guilty of both dealing in stolen property and petit theft, despite that section 812.025, Florida Statutes (1991), permits a guilty verdict on one or the other, but not both. We affirm the conviction for dealing in stolen property, but vacate the conviction for petit theft, and remand for correction of sentence to reflect that the petit theft conviction is vacated. Day v. State,
The trial judge imposed a downward-departure sentence, without giving written reasons for the departure, based on a scoresheet which included points for offenses committed after the instant offenses. We remand for correction of the scoresheet; after-committed offenses may not be scored on the scoresheet for the instant crimes. Stephens v. State,
We affirm in all other respects.
Affirmed in part, reversed in part, and remanded.
BOOTH, LAWRENCE and VAN NORTWICK, JJ., concur.
