VERONICA J. CONEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
VERONICA J. CONEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
560 So. 2d 429
Florida District Court of Appeal, Fifth District (1990)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The defendant appeals his departure sentence on the basis that no departure beyond the one-cell bump up is permitted under the guidelines. See Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Hamilton v. State, 548 So. 2d 234 (Fla.1989); Dewberry v. State, 546 So. 2d 409 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). We agree. The defendant’s departure sentence is vacated and the cause remanded for resentencing within the recommended guidelines range.
SENTENCE VACATED; CAUSE REMANDED.
DAUKSCH, COWART and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Reed v. State, 565 So. 2d 708 (Fla. 5th DCA 1990)…or rehearing but cites not authority, nor have we found a case to support that contention. Additionally, the Pope rule, as established by the supreme court, has already been applied. Allen v. State, 561 So. 2d 1339 (Fla. 2d DCA 1990); Dyre v. State, 560 So. 2d 429 (Fla. 5th DCA 1990). We grant the motion for rehearing, vacate the sentences previously imposed, and reluctantly call upon the trial judge to sentence Reed for the third time. Sentencing shall be within the guidelines. Sentence VACATED; REMANDED.…
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Moran v. State, 562 So. 2d 855 (Fla. 5th DCA 1990)…PER CURIAM. The departure sentence entered in the instant case is reversed on authority of Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Hamilton v. State, 548 So. 2d 234 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); Coney v. State, 560 So. 2d 429 (Fla. 5th DCA 1990); Johnson v. State, 557 So. 2d 203 (Fla. 5th DCA 1990); and Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). REMANDED FOR RESENTENCING. DANIEL, C.J., and COBB and GRIFFIN, JJ., concur.…
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Pringal v. State, 564 So. 2d 285 (Fla. 5th DCA 1990)…was the basis for the violations of community control and cannot be used as a ground for departure. Ree v. State, 565 So. 2d 1329 (Fla.1990); Hamilton v. State, 548 So. 2d 234 (Fla. 1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); Coney v. State, 560 So. 2d 429 (Fla. 5th DCA 1990); Johnson v. State, 557 So. 2d 203 (Fla. 5th DCA 1990); and Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). We vacate the sentence and remand for resentencing within the guidelines. Sentence VACATED; REMANDED. DANIEL, C.…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989)
- Hamilton v. State, 548 So. 2d 234 (Fla. 1989)
- Dewberry v. State, 546 So. 2d 409 (Fla. 1989)