JOHN AARON STAFFORD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN AARON STAFFORD, APPELLANT,
STATE OF FLORIDA, APPELLEE
561 So. 2d 32
Florida District Court of Appeal, Fifth District (1990)
Caution
Cited by 5 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentence. Appellant and appellee agree the sentencing court exceeded the statutory maximum by giving appellant five and one-half years on a third degree felony, grand theft. It is also agreed the guidelines scoresheet was improperly prepared.
SENTENCE VACATED, REMANDED FOR RESENTENCING.
COWART and GOSHORN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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State v. Stafford, 593 So. 2d 496 (Fla. 1992)…989, he received a prison sentence after pleading guilty to violating his probation and to a new substantive offense, burglary of a dwelling. For reasons not at issue here, the district court reversed and ordered a new sentencing. Stafford v. State, 561 So. 2d 32 (Fla. 5th DCA 1990). At resentencing, the trial court treated the original 1987 conviction as the “primary offense” for purposes of calculating the appropriate sentence under the sentencing guidelines. The district court found this to be error and a…
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Stafford v. State, 573 So. 2d 884 (Fla. 5th DCA 1990)…court exceeded the maximum five year penalty for a third degree felony and used a score sheet which improperly scored juvenile offenses occurring more than three years before the new substantive offense. This court agreed and in Stafford v. State, 561 So. 2d 32 (Fla. 5th DCA 1990) vacated the sentence because the maximum sentence for a third degree felony was exceeded and because the score sheet was improperly prepared and remanded for re-sentencing. On resentencing the court reduced the sentence to five…
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Weems v. State, 627 So. 2d 575 (Fla. 2d DCA 1993)…charges, sentencing date, sentence, and jail time credit. However, the trial court’s order denying relief must include attachments which refute Weems’s allegations that he was incarcerated from April 24, 1991, to March 17, 1992. See Phelps v. State, 561 So. 2d 32 (Fla. 2d DCA 1990). We reverse the summary denial of Weems’s motion and remand this matter to the trial court. If the trial court should summarily deny the motion again, it shall attach such portions of the record which conclusively refute the all…
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