RILEY BERNARD SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Riley Smith v. State, 536 So. 2d 1021 (Fla. 1988)
  …, the trial judge imposed a six-year sentence. Smith appealed, and, in October 1986, the Fifth District Court of Appeal invalidated the departure sentence and remanded the case for resentencing within the presumptive guideline range. Smith v. State, 495 So. 2d 876 (Fla. 5th DCA 1986). In September 1986 Smith, pursuant to a plea agreement, pled guilty to five counts of armed robbery in Lake County. Under the terms of the agreement Smith was to receive seven and one-half years’ imprisonment to be served consecu…
• Riley Bernard Smith v. State, 518 So. 2d 1336 (Fla. 5th DCA 1987)
  …ear sentence. Smith appealed to this court on March 31, 1986 and by opinion dated October 9, 1986, this court reversed, finding none of the reasons given for departure was valid and “remanded for resentencing within the presumptive guideline range.” 495 So. 2d 876. Meanwhile, by informations filed in Lake County in January, February and March 1986, Smith was charged with five other armed robberies which had been committed before the instant robbery. On September 2, 1986, while the appeal to this court was st…
• Patten v. State, 531 So. 2d 203 (Fla. 2d DCA 1988)
  …. In Smith II for instance, the fifth district considered a resentencing that resulted from Smith’s first appeal wherein the court reversed a departure sentence and “remanded for resentencing within the presumptive guideline range.” Smith v. State, 495 So. 2d 876 (Fla. 5th DCA 1986) (Smith I). On remand, the trial court utilized a new scoresheet that included convictions factored into the scoresheet which were not previously available for consideration. The court in Smith II approved the utilization of that…

Authorities Cited

• Scurry v. State, 489 So. 2d 25 (Fla. 1986)
• Dixon v. State, 492 So. 2d 410 (Fla. 5th DCA 1986)
• Kirk v. State, 490 So. 2d 176 (Fla. 5th DCA 1986)