DENNIS SULLIVAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DENNIS SULLIVAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
553 So. 2d 348
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant asserts error in the sentence rendered upon his conviction of the offense of escape from legal restraint. Of the 61 points entered on the sentencing guidelines sheet, 12 points were assessed because the offense occurred while appellant was under legal restraint. The state concedes error in the inclusion of these points as legal constraint is an element of the crime of escape, State v. Chenault, 543 So. 2d 1314 (Fla. 5th DCA 1989).
We therefore reverse and remand for resentencing in accordance with this opinion.
HERSEY, C.J., and LETTS and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Marshall v. State, 560 So. 2d 810 (Fla. 2d DCA 1990)…s to his sentencing guidelines scoresheet for legal constraint pursuant to Florida Rule of Criminal Procedure 3.701(d)(6) was erroneous because such constraint is an essential element of the offense for which he was convicted. See Sullivan v. State, 553 So. 2d 348 (Fla. 4th DCA 1989); State v. Chenault, 543 So. 2d 1314 (Fla. 5th DCA 1989); Brown v. State, 502 So. 2d 1293 (Fla. 1st DCA 1987). See also, Miller v. State, 549 So. 2d 1106, 1109 (Fla. 2d DCA 1989). We need not resolve this question, however, beca…
Authorities Cited
- State v. Chenault, 543 So. 2d 1314 (Fla. 5th DCA 1989)