District Court of Appeal of Florida August 24, 2001, No. 5D01-232 (Mitchell v. State)

HARRIS, J.

Mitchell contends that the trial court erred in classifying his offense of sexual conduct with a minor in custodial authority as a level 9 instead of a level 7 offense because at the time of his offense it was not listed in the sentencing ranking chart. The State concedes that we have previously ruled against it on this issue in Roberts v. State, 715 So.2d 302 (Fla.