LIVINGSTON CUNNINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1994-02-09
No. 93-0094
DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.
631 So. 2d 367 Florida District Court of Appeal, Fourth District (1994) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s convictions but remand with directions that appellant’s sentence on aggravated battery be reduced from three (3) years to two (2) years in order to comply with the permitted sentencing range of the sentencing guidelines. See Roberson v. State, 596 So. 2d 1250 (Fla. 4th DCA 1992).

DELL, C.J., and ANSTEAD and KLEIN, JJ., concur.


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  • Wilson v. State, 645 So. 2d 1042 (Fla. 4th DCA 1994)
    …es thereof was confirmed, but no written notice of intent was furnished. The defendant entered an open plea. Citing to Ashley, this court held that the defendant must be resentenced without habitual offender status. Finally, in Washington v. State, 631 So. 2d 367 (Fla. 4th DCA 1994), our records show that the written plea stated that if the defendant was to be habitualized, the maximum sentences could be doubled. The defendant was not promised that he would receive a particular sentence or a guidelines sente…
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  • Washington v. State, 655 So. 2d 239 (Fla. 4th DCA 1995)
    …PER CURIAM. Affirmed. Wilson v. State, 645 So. 2d 1042 (Fla. 4th DCA 1994), rev. granted, 654 So. 2d 920 (Fla.1995); Washington v. State, 631 So. 2d 367 (Fla. 4th DCA 1994); State v. Whitfield, 487 So. 2d 1045 (Fla.1986); White v. State, 446 So. 2d 1031 (Fla.1984); Mobley v. State, 407 So. 2d 1037 (Fla. 1st DCA 1981). As in Wilson and Washington v. State, 20 Fla.L.Weekly D782, — So. 2d - [1995 WL 13…

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