MARK SMITH, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In Smith v. State, 640 So. 2d 1257 (Fla. 3d DCA 1994), this court ordered Mark Smith’s two convictions for attempted felony murder vacated. Thereafter, the trial judge vacated those convictions and immediately mistakenly signed a judgment reimposing the convictions and resentencing Smith. The state has conceded these convictions must be reversed and the case remanded for correction of the sentence imposed.
Defendant argues that as to the count which remains, on remand he is entitled to be sentenced within the guidelines, as the record cannot support a departure sentence. We disagree. This point was raised in Smith’s earlier appeal and we affirmed the validity of his life-risking flight as a basis for a departure from the guidelines. Thus, this reason as a valid basis for a departure sentence is the law of the case. State v. Stabile, 443 So. 2d 398 (Fla. 4th DCA 1984).
Accordingly, we affirm in part, reverse in part, and remand for resentencing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Isom v. State, 800 So. 2d 292 (Fla. 3d DCA 2001)…d [*294] on the merits and thus fail on an application of the law of the case as well as res judicata grounds. See State v. Stabile, 443 So. 2d 398, 400 (Fla. 4th DCA 1984); see also Perez v. State, 767 So. 2d 609 (Fla. 3d DCA 2000); Smith v. State, 669 So. 2d 1133, 1134 (Fla. 3d DCA 1996). In his next two claims, Isom contends that the trial court improperly used his habitual offender status as a reason for departure from the sentencing guidelines, and that the trial court did not credit him for the proper a…
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Smith v. State, 972 So. 2d 991 (Fla. 3d DCA 2008)…oner appeals the trial court’s denial of his motion to correct an illegal sentence. We will treat this as a timely-fíled 3.800 motion and deny as the same issue has been raised in a previous motion and been ruled upon and denied. See Smith v. State, 669 So. 2d 1133 (Fla. 3d DCA 1996).…
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Smith v. State, 156 So. 3d 517 (Fla. 3d DCA 2014)…esentencing on counts I and II. This is his fourth attempt to obtain such a resentencing. In 2008, this Court rejected a similar argument saying “the same issue has been raised in a previous motion and been ruled upon and denied. See Smith v. State, 669 So. 2d 1133 (Fla. 3d DCA 1996).” We therefore deny this petition for a writ of mandamus. We caution the defendant that further attempts to obtain such relief may subject the defendant to sanctions. Petition denied.…
Authorities Cited
- Kingsway Condo. Apts. NO. 1, Inc. v. Kingsway Builders, Inc., 443 So. 2d 398 (Fla. 4th DCA 1984)
- State v. Stabile, 443 So. 2d 398 (Fla. 4th DCA 1984)
- Smith v. State, 640 So. 2d 1257 (Fla. 3d DCA 1994)