RICHARD DEWEY LARSON A/K/A DUANE HATNENN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Manslaughter With A Weapon cases and more on FLexlaw
PADOVANO, Judge.
Richard Dewey Larson, the defendant, appeals his conviction of manslaughter with a weapon and his departure sentence of fifteen years in the Department of Corrections. We find no error in the conviction but we must remand the case for resentencing because the trial court did not make contemporaneous written findings in support of the departure sentence. Ree v. State, 565 So. 2d 1329 (Fla.1990); State v. Colbert, 660 So. 2d 701 (Fla.1995). On remand, the trial court must impose a guideline sentence. Pope v. State, 561 So. 2d 554 (Fla.1990). We reject the state’s argument that this issue was not preserved for review. The sentence was imposed before July 1, 1996, the effective date of section 924.051, Florida Statutes, at a time when an unpreserved sentencing error could be raised on appeal if the error was apparent from the face of the record.
Affirmed in part and reversed in part.
MINER and LAWRENCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jett v. State, 722 So. 2d 211 (Fla. 1st DCA 1998)….1998). The Criminal Appeal Reform Act of 1996, chapter 96-248, [*213] section 1, at 953, Laws of Florida, as amended, does not, therefore, apply on the appeal Mr. Jett now brings from denial of his motion for collateral relief. See Larson v. State, 700 So. 2d 388 (Fla. 1st DCA 1997). See also Sanders v. State, 698 So. 2d 377, 378 (Fla. 1st DCA 1997) (“But section 924.051 does not preclude an appellate challenge to an unpre-served sentencing error that constitutes fundamental error”). Citing Florida Rule of…
-
Kopko v. State, 709 So. 2d 159 (Fla. 5th DCA 1998)…ate argues that Kopko did not preserve this issue, citing section 924.051, Florida Statutes (Supp.1996). However, this statute took effect on July 1, 1996, almost two years after the 1994 resentencing; thus it is not applicable. See Larson v. State, 700 So. 2d 388 (Fla. 1st DCA 1997); Medberry v. [*161] State, 699 So. 2d 857, 858, n. 1 (Fla. 5th DCA 1997). The state also argues that Kopko is barred from raising this sentencing error claim because he received a consecutive sentence on count II at the 1993 res…
-
Howard v. State, 705 So. 2d 947 (Fla. 1st DCA 1998)…sly served on the possession counts. While it seems apparent from the face of the record that appellant did not receive the credit he was due under Tripp, he cannot raise this issue on appeal because it was not preserved below. See Larson v. State, 700 So. 2d 388 (Fla. 1st DCA 1997); Johnson v. State, 697 So. 2d 1245 (Fla. 1st DCA 1997); Middleton v. State, 689 So. 2d 304 (Fla. 1st DCA 1997); Chojnowski v. State, 705 So. 2d 915 (Fla. 2d DCA 1997); sec. 924.051(3), Fla. Stat. (Supp.1996).1 In order to challen…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- State v. Colbert, 660 So. 2d 701 (Fla. 1995)