RAY SAM GARNER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RAY SAM GARNER, APPELLANT,
STATE OF FLORIDA, APPELLEE
465 So. 2d 671
Florida District Court of Appeal, Fourth District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Reversed and remanded with directions to resentence appellant according to the guidelines which were in effect on March 1, 1984. O’Malley v. State, 462 So. 2d 868 (Fla. 4th DCA 1985); Burke v. State, 460 So. 2d 1022 (Fla. 2d DCA 1984); Saunders v. State, 459 So. 2d 1119 (Fla. 1st DCA 1984); Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984).
DELL and WALDEN, JJ., concur. ANSTEAD, C.J., dissents with opinion.
Dissent
[*672] ANSTEAD, Chief Judge,
dissenting:
I think the trial court was entitled to deviate from the sentencing’ guidelines because the appellant violated his probation.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Arnett v. State, 471 So. 2d 547 (Fla. 4th DCA 1985)…had incorrectly applied the rule amendment retrospectively. Accordingly, the enhanced sentence was reversed and remanded, with instructions that the trial court explicate in writing its reasons for enhancing the sentence. See also, Garner v. State, 465 So. 2d 671 (Fla. 4th DCA 1985), and cases cited therein. In Burke v. State, 460 So. 2d 1022, 1023 (Fla. 2d DCA 1984), the Second District Court of Appeal wrote as follows: Next, the record reveals that several times during the proceedings the trial judge mad…
Authorities Cited
- Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984)
- Saunders v. State, 459 So. 2d 1119 (Fla. 1st DCA 1984)
- Burke v. State, 460 So. 2d 1022 (Fla. 2d DCA 1984)
- O'Malley v. State, 462 So. 2d 868 (Fla. 4th DCA 1985)