549 So. 2d 244

Juan ALVAREZ, Appellant, v. STATE of Florida, Appellee.

No. 87-02637.

District Court of Appeal of Florida, Second District.

Sept. 27, 1989.

James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We affirm Mr. Alvarez’s conviction and sentence for first-degree murder as well as his conviction for attempted first-degree murder. The convictions involved separate victims. However, we reverse his concur*245rent thirty-year sentence for the attempted first-degree murder conviction because the trial court did not use a sentencing guidelines scoresheet. Lamb v. State, 532 So.2d 1051 (Fla.1988); McHaney v. State, 513 So.2d 252 (Fla. 2d DCA 1987). Although the sentencing guidelines do not apply to the capital felony, they do apply to the attempted first-degree murder charge.

Affirmed in part, reversed in part, and remanded to the trial court for proceedings consistent herewith.

THREADGILL, A.C.J., and ALTENBERND, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

Alvarez v. State
549 So. 2d 244

Case Details

Name
Alvarez v. State
Decision Date
Sep 27, 1989
Citations

549 So. 2d 244

Jurisdiction
Florida

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