KATHY WOOD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1995-05-26
No. 94-1413
HARRIS, C.J., and GRIFFIN, J., concur.
655 So. 2d 212 Florida District Court of Appeal, Fifth District (1995) Positive Treatment
Cited by 9 cases
Other
W. SHARP, Judge.

W. SHARP, Judge.

The state and counsel for the appellant have filed motions for rehearing in which both agree section 921.001(4)(b), relied upon by this court in our opinion which issued in this case, was amended effective November 24, 1993, to delete the provision giving a defendant the option to elect to be sentenced pursuant to the 1994 guidelines. We acknowledge the candor and professionalism of both counsel for bringing this to the attention of this court.

Accordingly, we withdraw our prior opinion issued in this case, and in its place simply affirm the trial court.

Rehearing GRANTED; Prior Opinion WITHDRAWN; AFFIRMED.

HARRIS, C.J., and GRIFFIN, J., concur.

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  • Detrich Williams v. State, 673 So. 2d 873 (Fla. 1st DCA 1996)
    …ams to seek relief through administrative proceedings. Williams’ second claim for relief, that he should have been sentenced under the 1994 sentencing guidelines, has been rejected in Allen v. State, 664 So. 2d 4 (Fla. 3d DCA 1995); Wood v. State, 655 So. 2d 212 (Fla. 5th DCA 1995). AFFIRMED. JOANOS and VAN NORTWICK, JJ., concur.…
  • Norris v. State, 659 So. 2d 1352 (Fla. 5th DCA 1995)
    …after 1 January 1994, the trial court was required to use two guidelines scoresheets. Allen v. State, 20 Fla.L.Weekly D1653, — So. 2d — [1995 WL 421872] (Fla. 3d DCA July 19, 1995); Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995); Wood v. State, 655 So. 2d 212 (Fla. 5th DCA 1995). Accordingly, we reverse Norris’s sentence for the 1993 offense of battery on a law enforcement officer and remand for resentencing on this offense. In light of our reversal of this sentence, we need not address Norris’s addition…
  • Omega Allen v. State, 664 So. 2d 4 (Fla. 3d DCA 1995)
    …tes (Supp.1994) (“The 1994 guidelines apply to sentencing for all felonies, except capital felonies, committed on or after January 1, 1994”); the guidelines scoresheet in effect in 1994, therefore, had to be utilized for this offense. Wood v. State, 655 So. 2d 212 (Fla. 5th DCA 1995); of. Doyle v. State, 644 So. 2d 1041 (Fla. 3d DCA 1994). The defendant relies on Section 921.001(4)(b)(2), Florida Statutes (1993), which provides that a defendant has the option to elect whether to be sentenced under the 1983…

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