Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

LINDA K. ATWATER SAMARA MELISSA BURGESS, Appellants, v. STATE OF FLORIDA, Appellee.

THOMPSON, J.

We affirm the convictions in this consolidated appeal based on Howard v. State, 24 Fla. L. Weekly D1419 (Fla. 5th DCA June 18, 1999).

We reverse the sentences for conspiracy to commit racketeering, however, because the court incorrectly ranked the convictions as level 8 offenses. Section 777.04(4)(a), Florida Statutes, provides that criminal conspiracy is ranked one level below the ranking of the substantive offense, unless otherwise provided in section 921.0012, Florida Statutes. Racketeering is ranked as a level 8 offense, and conspiracy to commit racketeering is not specifically listed. See § 921.0012(3), Fla. Stat. Accordingly, the appellants' convictions for conspiracy should have been ranked as level 7 offenses, and the cases are remanded for re-sentencing as level 7 offenses.

AFFIRMED IN PART; REVERSED IN PART AND REMANDED.

ANTOON, C.J. and GRIFFIN, J., concur.

Use AI to get other relevant cases.

Comments

ATWATER v. STATE
(Oct 1, 1999)