
    Jeffrey Jermaine SMITH, Appellant, v. STATE of Florida, Appellee.
    No. 95-02009.
    District Court of Appeal of Florida, Second District.
    July 24, 1996.
    Bruno F. DeZayas of Benjamin W. Hardin, Jr., P.A., Lakeland, for Appellant.
    Robert A. Butterworth, Attorney General, Tallahassee, and Deborah F. Hogge, Assistant Attorney General, Tampa, for Appellee.
   PER CURIAM.

Jeffrey Smith appeals from his judgment and sentence for aggravated battery with a deadly weapon and discharging a firearm from a vehicle within 1,000 feet of a person. We hold that the state presented sufficient evidence to support his convictions, and we affirm his judgment. However, we must reverse Smith’s sentence and remand for re-sentencing based on a scoresheet error.

Smith was sentenced on a single score-sheet for aggravated battery with a deadly weapon, discharging a firearm from a vehicle within 1,000 feet of a person, and carrying a concealed firearm, a charge which arose from another case. The scoresheet includes an additional twenty-five points for possession of a semiautomatic weapon. See Fla.R.Crim.P. 3.702(d)(12). The state concedes that it presented no proof that the firearm Smith used was a semiautomatic weapon. Thus, on remand, the trial court shall resentence Smith based on a corrected scoresheet which reflects an additional eighteen points for the possession of a firearm pursuant to rule 3.702(d)(12).

Affirmed in part, reversed in part, and remanded.

DANAHY, A.C.J., and CAMPBELL and PATTERSON, JJ., concur.  