CHARLES NATHAN FOX, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-11-10
No. 92-835
Before SCHWARTZ, C.J., and BARKDULL and HUBBART, JJ
608 So. 2d 132 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Because the appellant’s sole point on the merits presents only harmless error, State v. DiGuilio, 491 So. 2d 1129 (Fla.1986), the convictions under review are affirmed. The cause is remanded for resentencing within the appropriate cell without including legal constraint points under Florida Rule of Criminal Procedure 3.701 d. 6. The fact that the defendant was on felony bond when the offenses were committed does not permit such an assessment. Brown v. State, 569 So. 2d 1223 (Fla.1990); Mosely v. State, 543 So. 2d 340 (Fla. 1st DCA 1989); Mize v. State, 495 So. 2d 845 (Fla. 3d DCA 1986).

Affirmed in part, reversed in part.


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  • Carmine Annunziata v. State, 697 So. 2d 997 (Fla. 5th DCA 1997)
    …amendments to the sentencing guidelines, legal status points were not assessed against offenders merely because they were released on bond when they committed their offenses. Browning v. State, 625 So. 2d 960, 961 (Fla. 5th DCA 1993); Fox v. State, 608 So. 2d 132, 132 (Fla. 3d DCA 1992); Mosley v. State, 543 So. 2d 340, 340 (Fla. 1st DCA 1989); Jones v. State, 520 So. 2d 672, 673 (Fla. 5th DCA 1988); Mize v. State, 495 So. 2d 845, 846 (Fla. 3d DCA 1986). Generally, the definition of “legal status” under cons…

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