LUCIUS BERNARD SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LUCIUS BERNARD SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
574 So. 2d 320
Florida District Court of Appeal, Fourth District (1991)
Positive Treatment
Cited by 10 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction and sentence for first degree murder and also affirm his conviction for armed robbery. We reverse his sentence for armed robbery given that the trial court failed to employ the sentencing guidelines contrary to section 921.001(4)(a), Florida Statutes (1989). We remand for the trial court to resentence appellant within the recommended guidelines range. See Pope v. State, 561 So. 2d 554 (Fla.1990).
AFFIRMED IN PART; REVERSED IN PART AND REMANDED.
DELL, GUNTHER, JJ., and WALDEN, JAMES C. (Retired), Associate Judge, concur.
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Royal Palm Corporate Ctr. Ass'n, Ltd. v. Pugliese, III, 89 So. 3d 923 (Fla. 4th DCA 2012)…53 (Fla. 5th DCA 1997); Chem. Mortg. Co. v. Dickson, 651 So. 2d 1275 (Fla. 4th DCA 1995) (citing, inter alia, Thomas); A Mortg. Co. v. Bowman, 642 So. 2d 123 (Fla. 4th DCA 1994) (citing, inter alia, Thomas ); Admin, of Veteran’s Affairs v. Bertsche, 574 So. 2d 320 (Fla. 4th DCA 1991) (citing, inter alia, Thomas). Only after the setting of the sale according to the statutory procedure would the trial court’s discretion to control the timing of the sales fall under the limitations described in the Thomas line o…
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A Mortg. Co. Formerly Am's. Mortg. Co. v. Bowman, 642 So. 2d 123 (Fla. 4th DCA 1994)…ncellation and rescheduling of foreclosure sales, absent extraordinary circumstances, a mortgagee has the right to proceed to sale on any property on which it has successfully foreclosed its mortgage. Administration of Veteran’s Affairs v. Bertsche, 574 So. 2d 320. (Fla. 4th DCA 1991); First Nationwide Savs. v. Thomas, 513 So. 2d 804 (Fla. 4th DCA 1987). Without explanation in the order from the trial court, we are unable to determine upon what extraordinary circumstances denial was predicated. By refusing to…
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- Pope v. State, 561 So. 2d 554 (Fla. 1990)