BOLHORST v. STATE, 640 So.2d 1249 (Fla.App. 5 Dist. 1994)

JOHN F. BOLHORST, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

No. 94-411.District Court of Appeal of Florida, Fifth District.
August 12, 1994.

Appeal from the Circuit Court for Orange County; Cynthia Z. MacKinnon, Judge.

James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Bolhorst entered a plea of guilty to burglary of a dwelling,[1] and grand theft.[2] He argues the nineteen-year sentence imposed on the burglary charge exceeds the fifteen-year statutory maximum sentence for a second degree felony,[3] and that errors were made in the sentencing scoresheet which would place him in a lower sentencing bracket. Specifically, there is no record support for the three third degree felonies which were scored as additional offenses at conviction and, in addition, a mathematical error was also made.

The state concedes error. Accordingly we vacate the sentence imposed for count I and remand for resentencing. We affirm this case in all other regards.

AFFIRM in part; VACATE Sentence; REMAND for Resentencing.

GOSHORN and PETERSON, JJ., concur.

[1] § 810.02(3), Fla. Stat. (1989).

[2] § 812.041, Fla. Stat. (1989).

[3] §§ 810.01(3); 775.082(3)(c), Fla. Stat. (1989).

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