LARRY SAPP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Adult Sanctions cases and more on FLexlaw
UPON MOTION FOR CERTIFICATION OR STAY OF PROCEEDINGS AND CLARIFICATION
PER CURIAM.
It appears that this court entered its opinion on April 2, 1986, 489 So. 2d 59, and thereafter, upon consideration of the above styled motion, this court stayed proceedings pending a decision in the Florida Supreme Court concerning a certified question in Hall v. State, 470 So. 2d 796 (Fla. 4th DCA 1985). We are now advised that the Supreme Court has entered its opinion in Hall v. State, which opinion is reported at 517 So. 2d 678 (Fla.1988). In light of these circumstances, we do the following:
1. We withdraw the court’s opinion dated April 2, 1986.
2. We reverse the conviction of Larry Sapp for possession of a firearm while engaged in a criminal offense under Section 790.07(2), Florida Statutes (1983) and remand with instructions to dismiss such charge.
3. We affirm the conviction of Larry Sapp for robbery with a firearm under Sections 812.13(1) and (2)(a), Florida Statutes (1983).
4. We reverse the sentencing order of the trial court which sentenced Larry Sapp as an adult and exceeded the guidelines. We remand with directions to re-sentence Larry Sapp for the charge on which he was convicted, giving due consideration to the criteria of Section 39.-lll(6)(c), Florida Statutes (1983), and if adult sanctions are again imposed, to make the required findings in writing. Furthermore, the new sentence shall be within the sentencing guidelines, or else, the trial court shall enter a written order setting out reasons under the law for any deviation from the guidelines.
ANSTEAD, WALDEN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Neal v. State, 527 So. 2d 966 (Fla. 5th DCA 1988)…So. 2d 1247 (Fla. 4th DCA 1988) (robbery with a firearm and aggravated assault with a firearm); Cooper v. State, 524 So. 2d 738 (Fla. 1st DCA 1988) (robbery with a deadly weapon and display of a weapon during commission of a felony); Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988) (robbery with a firearm and possession of a firearm while engaged in a criminal offense). This case is remanded with directions that the defendant be resentenced based upon a scoresheet in which the points scored for aggravated…
-
Brown v. State, 538 So. 2d 116 (Fla. 5th DCA 1989)…So. 2d 272 (Fla. 3d DCA 1988), rev. denied, 536 So. 2d 246 (Fla.1988); Henderson v. State, 526 So. 2d 743 (Fla. 3d DCA 1988); Brown v. State, 529 So. 2d 1247 (Fla. 4th DCA 1988); Prescott v. State, 529 So. 2d 302 (Fla. 4th DCA 1988); Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988). Contra, Teemer v. State, 531 So. 2d 748 (Fla. 5th DCA 1988); Clark v. State, 530 So. 2d 519 (Fla. 5th DCA 1988). See also Bogard v. State, 451 So. 2d 484 (Fla. 4th DCA 1984); Alvarez v. State, 445 So. 2d 677 (Fla. 4th DCA 19…
-
Smith v. State, 548 So. 2d 755 (Fla. 5th DCA 1989)…. 4th DCA 1989); Mitchell v. State, 543 So. 2d 292 (Fla. 4th DCA 1989); Peterson v. State, 542 So. 2d 417 (Fla. 4th DCA 1989); Cherry v. State, 540 So. 2d 146 (Fla. 4th DCA 1989); Prescott v. State, 529 So. 2d 302 (Fla. 4th DCA 1988); Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988). Reaching the conclusion that the defendant in this case cannot be convicted of both the underlying felony offense of aggravated assault with a firearm (§ 784.-021(l)(a), Fla.Stat.) and the ancillary firearms offense (§ 790.07(2…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hall v. State, 517 So. 2d 678 (Fla. 1988)
- Hall v. State, 470 So. 2d 796 (Fla. 4th DCA 1985)
- Sapp v. State, 489 So. 2d 59 (Fla. 4th DCA 1986)