THOMAS GILBERT, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
THOMAS GILBERT, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
706 So. 2d 135
Florida District Court of Appeal, Third District (1998)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
After we remanded this case for resentencing under the 1994 guidelines in Gilbert v. State, 680 So. 2d 1132 (Fla. 3d DCA 1996), the trial judge imposed a departure sentence on grounds of (a) heightened premeditation, State v. Obojes, 604 So. 2d 474 (Fla.1992), and (b) vulnerability due to age of the victim, § 921.0016(3)0), Fla. Stat. (1996). We find that the evidence supports neither of these grounds for departure. See Marcott v. State, 650 So. 2d 977 (Fla.1995); Green v. State, 662 So. 2d 748 (Fla. 4th DCA 1996).
Accordingly, the sentence under review is reversed and the cause remanded with directions to impose a guidelines sentence.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gilbert v. State, 755 So. 2d 197 (Fla. 3d DCA 2000)…PER CURIAM. Defendant appeals from judgments of conviction and sentences for sexual offenses he committed against his daughter. This is the third sentencing appeal. See Gilbert v. State, 706 So. 2d 135 (Fla. 3d DCA 1998) (Gilbert II); Gilbert v. State, 680 So. 2d 1132 (Fla. 3d DCA 1996) (Gilbert I). We find no error, as defendant was sentenced within the guidelines as mandated by Gilbert II. The remaining points are without merit, and we affirm th…
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Gilbert v. State, 838 So. 2d 623 (Fla. 3d DCA 2003)…COPE, J. Thomas J. Gilbert appeals an order denying his motion to correct illegal sentence. We affirm. In earlier proceedings, this court remanded for resentencing of defendant-appellant Gilbert within the 1994 guidelines. Gilbert v. State, 706 So. 2d 135 (Fla. 3d DCA 1998); see also Gilbert v. State, 680 So. 2d 1132 (Fla. 3d DCA 1996). After resentencing, there was a further appeal, and this court affirmed. Gilbert v. State, 755 So. 2d 197 (Fla. 3d DCA 2000). By this motion to correct illegal senten…
Authorities Cited
- State v. Andreas Obojes, 604 So. 2d 474 (Fla. 1992)
- Gilbert v. State, 680 So. 2d 1132 (Fla. 3d DCA 1996)
- Robert v. Green, 662 So. 2d 748 (Fla. 4th DCA 1995)
- Marcott v. State, 650 So. 2d 977 (Fla. 1995)