BYRON BERNARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
BYRON BERNARD, APPELLANT,
STATE OF FLORIDA, APPELLEE
514 So. 2d 1129
Florida District Court of Appeal, First District (1987)
Positive Treatment
Cited by 16 cases
Opinion of the Court
PER CURIAM.
Appellee filed a motion to relinquish jurisdiction for purposes of resentencing appellant. The only issue raised by appellant is whether the trial court erred in assessing points for victim injury on appellant’s sentencing score sheet. Appellee acknowledges it was improper to score points for victim injury in this case. Therefore, appellant’s sentence is vacated and this cause is remanded for resentencing. See Hope v. State, 513 So. 2d 217 (Fla. 1st DCA 1987).
MILLS, ERVIN and NIMMONS, JJ., concur.
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Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr., 768 So. 2d 1257 (Fla. 1st DCA 2000)…564 So. 2d 510 (Fla. 5th DCA 1990), rev. denied, 576 So. 2d 288 (Fla.1991) and cases cited therein. There is no sovereign immunity for false arrest and the lower court erred in dismissing the false arrest count on that basis. See Maybin v. Thompson, 514 So. 2d 1129, 1131 (Fla. 2d DCA 1987); Richardson v. City of Pompano Beach, 511 So. 2d 1121, 1123 (Fla. 4th DCA 1987), rev. denied, 519 So. 2d 986 (Fla.1988). Lester, 603 So. 2d at 19 (footnote omitted). The complaint states a claim for false imprisonment for w…
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Lester v. THE City OF Tavares, 603 So. 2d 18 (Fla. 5th DCA 1992)…64 So. 2d 510 (Fla. 5th DCA 1990), rev. denied, 576 So. 2d 288 (Fla.1991) and cases cited therein. There is no sovereign immunity for false arrest and the lower court erred in dismissing the false arrest count on that basis.5 See Maybin v. Thompson, 514 So. 2d 1129, 1131 (Fla. 2d DCA 1987); Richardson v. City of Pompano Beach, 511 So. 2d 1121, 1123 (Fla. 4th DCA 1987), rev. denied, 519 So. 2d 986 (Fla.1988). The lower court identified “qualified immunity” as an alternative basis for dismissal, without specify…
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Dickinson v. Marla E. Gonzalez, 839 So. 2d 709 (Fla. 3d DCA 2003)…officer must have probable cause to make an arrest. The courts which have addressed the point have concluded, “There is no sovereign immunity for false arrest....” Lester v. City of Tavares, 603 So. 2d 18, 19 (Fla. 5th DCA 1992); Maybin v. Thompson, 514 So. 2d 1129 (Fla. 2d DCA 1987), see also Seguine v. City of Miami, 627 So. 2d 14, 18 n. 2 (Fla. 3d DCA 1993). Similarly, there is no sovereign immunity barrier to making a claim against a governmental agency for negligent retention or supervision. See Willis v…
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- Hope v. State, 513 So. 2d 217 (Fla. 1st DCA 1987)