DYWAYNE TONY WILSON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Rivers v. State, 980 So. 2d 599 (Fla. 2d DCA 2008)
  …enses the counts in case number 03-3153 for which Rivers had been sentenced as a habitual felony offender and we agree. Olsen v. State, 791 So. 2d 558, 560 (Fla. 2d DCA 2001); Drayton v. State, 744 So. 2d 584, 585 (Fla. 2d DCA 1999); Perez v. State, 703 So. 2d 1131, 1132 (Fla. 2d DCA 1997). However, this error was not properly preserved by Rivers below. Affirmed in part, reversed in part, and remanded for resentencing with Rivers present. DAVIS and SILBERMAN, JJ., Concur.…
• Allison v. State, 723 So. 2d 882 (Fla. 2d DCA 1998)
  …cing hearing reflects the trial court’s lack of awareness that it was departing from the sentencing guidelines. On remand, the trial court may depart from the guidelines, but it must file written reasons to support the departure. See Perez v. State, 703 So. 2d 1131 (Fla. 2d DCA 1997). [*883] We reverse the sentences in case numbers 92-1547 and 98-429 and remand for resen-tencing in accordance with this opinion. PARKER, C.J., and FULMER, J., Concur.…
• McLEOD v. State, 782 So. 2d 472 (Fla. 2d DCA 2001)
  …ing in these cases. See Allison v. State, 728 So. 2d 882 (Fla. 2d DCA 1998). On remand, if a sentence departing from the sentencing guidelines is again imposed, the trial court shall give written reasons to support the departure. See Perez v. State, 703 So. 2d 1131 (Fla. 2d DCA 1997). We find no merit in McLeod’s additional argument that the trial court was without jurisdiction to change her community control to probation in case number 98-11931. Reversed and remanded for resentenc-ing in accordance with thi…