JEFFREY BROWN, A/K/A MICHAEL BROWN, A/K/A HARLOW HOWELL, A/K/A CARLOS HOWARD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1990-10-26
No. 90-00218
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
568 So. 2d 1003 Florida District Court of Appeal, Second District (1990) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant Jeffrey Brown contests the twenty-six year sentence imposed by the trial court after a finding that he had violated the terms and conditions of community control. The state concedes that the trial court departed upward from the guideline recommendation for invalid reasons. See Lambert v. State, 545 So. 2d 838 (Fla.1989). Accordingly, we remand this case for resentencing within the guidelines, at which time the trial court may exercise its discretion by imposing a sentence within the next highest cell. Fla.R.Crim.P. 3.701(d)(14).

Reversed.

SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.


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  • Kimmel v. State, 629 So. 2d 1110 (Fla. 1st DCA 1994)
    …theory is that these appeals divested the trial court of jurisdiction to consider the subsequent petition for writ of error coram nobis. In support of dismissal, the state relies upon State v. Meneses, 392 So. 2d 905 (Fla.1981) and Braxton v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990), dismissed, 577 So. 2d 1325 (Fla.1991). Appellee argues that since the trial court entered the order here on appeal without jurisdiction the order is a nullity and this appeal should be dismissed. We deny the motion to dismiss. T…
  • Ruth v. State, 635 So. 2d 1061 (Fla. 2d DCA 1994)
    …elief was pending in this court. The trial court correctly recognized it did not have jurisdiction to rule on the merits of the motions during the pen-dency of the prior appeal. See Ross v. State, 598 So. 2d 149 (Fla. 2d DCA 1992); Braxton v. State, 568 So. 2d 1003 (Fla. 2d DCA 1990), cause dismissed, 577 So. 2d 1325 (Fla.1991). Accordingly, we affirm the trial court’s order without prejudice to the appellant’s refiling the motions for the trial court’s consideration when jurisdiction is again in the trial c…
  • Bryant v. State, 102 So. 3d 660 (Fla. 2d DCA 2012)
    …reviewed while a previous motion was pending on appeal, they might run the risk of being denied a remedy altogether due to the two-year time limit. In this district, we did not immediately recognize this unintended consequence. In Braxton v. State, 568 So. 2d 1003, 1003 (Fla. 2d DCA 1990), for example, we affirmed a trial court that entered an order under circumstances similar to the order [*663] that we reverse today, holding that the trial court had no jurisdiction to consider a postconviction motion becaus…
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