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Mohammed v. State

Citations: 591 So. 2d 1062; 1991 Fla. App. LEXIS 13480; 1991 WL 275543Docket: No. 90-01746

Court: District Court of Appeal of Florida; December 26, 1991; Florida; State Appellate Court

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The defendant’s conviction and sentence for capital sexual battery are affirmed. The conviction for burglary is also affirmed; however, the sentence for burglary is reversed. The trial court's imposition of a consecutive seven-year sentence for burglary is problematic as no score-sheet was prepared, preventing a determination of whether the sentence is a departure. Consequently, the burglary sentence is reversed and the case is remanded for resentencing. The decision is affirmed in part, reversed in part, and remanded. Judges Danahy, Patterson, and Altenbernd concur.