MICHAEL CHARLES ELLISON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL CHARLES ELLISON, APPELLANT,
STATE OF FLORIDA, APPELLEE
633 So. 2d 1205
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The defendant appeals his’ sentence, There is no error in the nine year sentence; however, the state concedes appellant is enti-tied to the seven years of gain time previous-fr awarded. Accordingly, the sentence is vacated and remanded for correction.
SENTENCE VACATED and REMANDED FOR RESENTENCING.
DAUKSCH, GRIFFIN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Conn v. State, 684 So. 2d 278 (Fla. 5th DCA 1996)…]hen all of the reasons stated by the trial court in support of departure are found invalid, resentencing following remand must be within the presumptive guidelines sentence.”); Williams v. State, 492 So. 2d 1308 (Fla.1986); see also Lloyd v. State, 633 So. 2d 1205 (Fla. 5th DCA 1994); Browning v. State, 625 So. 2d 960, 961 (Fla. 5th DCA 1993) (remanding for resen-tencing within the presumptive guideline sentence where all written reasons are invalid and noting that, upon resentencing, trial court may not enun…
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Baker v. State, 723 So. 2d 338 (Fla. 5th DCA 1998)…and for resentencing within the guidelines. REVERSED and REMANDED. DAUKSCH and HARRIS, JJ., concur. . § 800.04(3), Fla. Stat. (1995). . The presumptive sentence under the guidelines for this offense was 96.5 months or 8 years. . Lloyd v. State, 633 So. 2d 1205 (Fla. 5th DCA 1994). . § 810.02(1) and (2)(b), Fla. Stat. (1995). . § 794.011 (3), Fla. Stat. (1995).…