TOM ELLIS ZIMMERMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
TOM ELLIS ZIMMERMAN, APPELLANT,
STATE OF FLORIDA, APPELLEE
554 So. 2d 670
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the defendant’s sentence which was an upward departure from the presumptive guidelines sentence. The defendant’s negotiated plea agreement was a valid reason upon which to base a departure sentence. Smith v. State, 529 So. 2d 1106 (Fla.1988).
Appellant also argues that the trial court erred in failing to rule upon his pro se motion for jail time credit. This motion may not have come to the court’s attention until after appellant had filed his notice of appeal. Accordingly, this opinion is without prejudice to appellant to renew the motion after our mandate has issued.
Affirmed.
SCHOONOVER, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hammond v. State, 591 So. 2d 1119 (Fla. 1st DCA 1992)…the recommended guideline sentence without any stated reasons for departure. White v. State, 531 So. 2d 711 (Fla.1988); Yukanovitz v. State, 547 So. 2d 722 (Fla. 1st DCA 1989); Hicks v. State, 559 So. 2d 1265 (Fla. 3d DCA 1990); Zimmerman v. State, 554 So. 2d 670 (Fla. 2d DCA 1990). In the instant case, error in the calculation of legal status points on the guidelines scoresheet is apparent from the face of the record. Appellant’s legal constraint score was calculated improperly by multiplying the scoreshee…
-
Floyd v. State, 593 So. 2d 333 (Fla. 3d DCA 1992)…PER CURIAM. Affirmed. Smith v. State, 529 So. 2d 1106, 1107 (Fla.1988); Hicks v. State, 559 So. 2d 1265, 1266 (Fla. 3d DCA 1990); Zimmerman v. State, 554 So. 2d 670 (Fla. 2d DCA 1990); Key v. State, 452 So. 2d 1147 (Fla. 5th DCA), rev. denied, 459 So. 2d 1041 (Fla.1984).…
Authorities Cited
- Benny Ray Smith v. State, 529 So. 2d 1106 (Fla. 1988)