Philmore v. State, 238 So. 3d 839 (2018)

Feb. 28, 2018 · District Court of Appeal of Florida, Fourth District · No. 4D15–4602

238 So. 3d 839

Marcel Antonio PHILMORE, Appellant,
v.
STATE of Florida, Appellee.

No. 4D15-4602

District Court of Appeal of Florida, Fourth District.

[February 28, 2018]

Carey Haughwout, Public Defender, and Stacey Kime, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Attorney General, West Palm Beach, for appellee.

Per Curiam.

We reverse for resentencing on a corrected scoresheet without the inclusion of the ten juvenile adjudications which occurred more than five years before the primary offense. See Lyons v. State , 823 So.2d 250, 251 (Fla. 4th DCA 2002) ; Lawrence v. State , 590 So.2d 1068, 1069-70 (Fla. 5th DCA 1991).

We affirm the conviction on the remaining issues. See Pickles v. State , 976 So.2d 690 (Fla. 4th DCA 2008) ; Bozeman v.State , 698 So.2d 629, 630 (Fla. 4th DCA 1997).

Affirmed in part; reversed and remanded in part .

Gerber, C.J., Gross and Kuntz, JJ., concur.