HAMPTON ALONZO CORRY, A/K/A CORRY ALONZO HAMPTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed.
UPCHURCH, C.J., and ORFINGER, J., concur.
SHARP, J., dissents with opinion.
SHARP, Judge,
dissenting.
I would quash the sentence imposed by the trial court (3V2 years), and once again remand for resentencing.1 This time, the error is the lower court’s failure to use the sentencing guidelines in effect at the time the crime was committed, rather than those in effect at the time of sentencing. Miller v. Florida, — U.S.—, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987).
Although the 3½ year sentence Corry received was the maximum sentence possible under the applicable guidelines, and thus in a sense “harmless error,” Corry is entitled to be resentenced under a properly prepared scoresheet so the trial court can make a fully informed decision.2 Corry had received the minimum sentence under the inapplicable guidelines. Upon resentencing, the court might similarly choose the minimum sentence in the applicable guidelines range, i.e. 2½ years.
. Corry v. State, 497 So. 2d 1343 (Fla. 5th DCA 1986).
. Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Livingston Mason v. Cir. Court, 603 So. 2d 94 (Fla. 5th DCA 1992)…hat the Department failed to respond to the Circuit Court’s order. Thus, the Circuit Court still has not ruled on the matter. Mandamus lies to compel a trial court to rule on a motion or petition after a reasonable time. Matthews v. Circuit Court, 515 So. 2d 1065 (Fla. 5th DCA 1987); Davis v. Twentieth Judicial Circuit Court, Lee County, 491 So. 2d 1232 (Fla. 2d DCA 1986); McBride v. State, 443 So. 2d 416 (Fla. 4th DCA 1984). Here, the court has not ruled apparently because of the Department’s failure to res…
-
Lewis v. State, 934 So. 2d 605 (Fla. 5th DCA 2006)…stands, Lewis’s motion for postconviction relief has been pending for approximately one year and a ruling has not been made. Mandamus lies to compel a trial court to rule on a motion or petition after a reasonable time. Matthews v. Circuit Court, 515 So. 2d 1065 (Fla. 5th DCA 1987). Given the status of the matter below, once the State responds to Lewis’s rule 3.850 motion, the trial court may grant relief, summarily deny relief, or order an eviden-tiary hearing. We have no way of knowing which of these will…
-
Aumiller v. State, 988 So. 2d 1239 (Fla. 5th DCA 2008)…rt dismiss the petition for writ of mandamus because “the circuit court is aware of the pending motion.” We decline to do so. Mandamus lies to compel a trial court to rule on a motion or petition after a reasonable time. Matthews v. Circuit Court, 515 So. 2d 1065 (Fla. 5th DCA 1987). “While we are loath to interfere with a trial judge’s management of his or her docket, we are concerned that the failure to rule” on Aumiller’s motion impairs his right of access to the courts and due process. Johnson v. State,…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Miller v. Florida, 482 U.S. 423 (U.S. 1987)
- Davis v. State, 493 So. 2d 82 (Fla. 1st DCA 1986)
- Hampton Alonzo Corry v. State, 497 So. 2d 1343 (Fla. 5th DCA 1986)