THOMAS LOWERY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1985-08-09
Nos. 83-2460, 84-2489
SCHOONOVER and LEHAN, JJ., concur.
473 So. 2d 815 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 8 cases

Opinion of the Court
RYDER, Chief Judge.

RYDER, Chief Judge.

We affirm appellant’s convictions of conspiracy to traffic in cocaine and delivery of cocaine. However, at the time of appellant’s convictions, a conviction for conspiracy to traffic in cocaine was a second degree felony. §§ 777.04(4) and 893.135(l)(b), Fla.Stat. (1981). Because the court adjudicated appellant guilty of a first degree felony on this conviction, we remand the case for the court to correct the judgment. Furthermore, because the trial judge sentenced appellant to only half of the statutory maximum of what the court thought was a first degree felony, we reverse the sentence for resentencing as a second degree felony.

Reversed and remanded.

SCHOONOVER and LEHAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Blackwelder v. State, 476 So. 2d 280 (Fla. 2d DCA 1985)
    …lines range and objected to its severity as applied to appellant. By itself, defense counsel’s discussion of the scoresheet with the trial court does not constitute a clear and unequivocal choice made by the appellant on the record. Favors v. State, 473 So. 2d 815 (Fla. 2d DCA 1985); Jordan v. State, 460 So. 2d 477 (Fla. 2d DCA 1984). Because it is apparent that the court intended to impose the maximum penalties provided by law for the six crimes and they were not offenses over which the court could retain ju…
  • Kaymore v. State, 482 So. 2d 581 (Fla. 5th DCA 1986)
    …ate of the guidelines and Kaymore did not affirmatively ask to be sentenced under the guidelines. Under these circumstances, we normally would reverse and remand for resentencing. Irving v. State, 464 So. 2d 672 (Fla. 5th DCA 1985); Favors v. State, 473 So. 2d 815 (Fla. 2d DCA 1985). In this case, however, the record reveals that the trial court obviously would have imposed the maximum statutory penalty in any event, and no purpose would be served by resentencing. See Davis v. State, 478 So. 2d 1154 (Fla. 1st…
  • McCLATCHIE v. State, 482 So. 2d 550 (Fla. 4th DCA 1986)
    …477 (Fla.2d DCA 1984). In Kimsey v. State, 467 So. 2d 333 (Fla.2d DCA 1985), the court held that the silence of the appellant and discussion of the guidelines by defense counsel did not constitute a clear and unequivocal choice. In Favors v. State, 473 So. 2d 815 (Fla.2d DCA 1985), the court stated there must be a clear choice made on the record. Second, the trial court failed to provide written reasons for its departure from the guidelines. Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985), affirmed, 4…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Full citator, related cases, and AI research tools

Open in FLexlaw