WILLIAM LARRY LYNCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1995-09-08
No. 94-1934
PETERSON, C.J., and W. SHARP, J., concur.
659 So. 2d 1358 Florida District Court of Appeal, Fifth District (1995) Positive Treatment
Cited by 3 cases
Topics
Violation Of Probation Sentencing Guidelines

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Opinion of the Court
HARRIS, Judge.

HARRIS, Judge.

While William Larry Lynch was serving three probationary sentences, he committed a new offense. His probation sentences were vacated and he was sentenced to five years’ incarceration concurrent on each case. Because of multiple violations of these probation sentences, the sentences on these cases were appropriate.

However, on the new offense, scored on a new scoresheet showing a maximum sentence of 32.25 months, Lynch was also sentenced to five years incarceration without written reasons justifying the departure. We reverse the sentence on the 1994 conviction and remand for resentencing within the appropriate range. See Heath v. State, 656 So. 2d 527 (Fla. 1st DCA 1995); Allen v. State, 20 Fla.L.Weekly D1653, — So. 2d — [1995 WL 421872] (Fla. 3d DCA July 19, 1995).

REVERSED for resentencing.

PETERSON, C.J., and W. SHARP, J., concur.

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Cited By

  • Parrish v. State, 662 So. 2d 769 (Fla. 4th DCA 1995)
    …PER CURIAM. Affirmed, without prejudice to appellant to file a properly sworn rule 3.850 motion. See, e.g., Caldwell v. State, 659 So. 2d 1358 (Fla. 5th DCA 1995). GLICKSTEIN and DELL, JJ., and OWEN, WILLIAM C., Jr., Senior Judge, concur.…
  • Dublin v. State, 681 So. 2d 865 (Fla. 5th DCA 1996)
    …e 3.850, which conforms to the requirements of that rule. See Groves v. State, 668 So. 2d 1089 (Fla. 1st DCA 1996); Burns v. State, 651 So. 2d 813 (Fla. 5th DCA 1995). See also McClain v. State, 673 So. 2d 966 (Fla. 1st DCA 1996); Caldwell v. State, 659 So. 2d 1358 (Fla. 5th DCA 1995); Gentry. AFFIRMED; REMANDED without prejudice to defendant to refile amended rule 3.850 motion. COBB and HARRIS, JJ., concur. . See, e.g., Brown v. State, 664 So. 2d 311 (Fla. 1st DCA 1995); Matthews v. State, 664 So. 2d 6 (Fl…
  • Marino v. State, 719 So. 2d 1005 (Fla. 5th DCA 1998)
    …PER CURIAM. See Caldwell v. State, 659 So. 2d 1358 (Fla. 5th DCA 1995); State v. Callaway, 658 So. 2d 983 (Fla.1995). AFFIRMED. GOSHORN, W. SHARP and THOMPSON, JJ., concur.…

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