GUSMANE GLIEYE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1998-05-28
No. 97-3078
Before GREEN, FLETCHER, and SHEVIN, JJ.
727 So. 2d 266 Florida District Court of Appeal, Third District (1998) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm appellant’s conviction. However, we accept the State’s confession of error regarding sentencing and reverse and remand for prompt resentencing within the guidelines range. See State v. Varner, 616 So. 2d 988 (Fla.1993); State v. Tyner, 506 So. 2d 405 (Fla.1987). The resentencing aspect of this opinion shall be acted upon by the trial court forthwith.

Affirmed in part; reversed in part.


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  • …when the vehicle he was in was struck by a tractor-trailer on 1-95 in August, 1994. As a result of his injuries Basel is permanently and totally disabled. The facts surrounding the accident are succinctly set forth in McFarland & Son, Inc. v. Basel, 727 So. 2d 266, 268 (Fla. 5th DCA), rev. denied, 743 So. 2d 508 (Fla.1999) [Basel i]: Jonathan Queen was driving an eighteen-wheel car carrier for his employer, McFarland & Son, Inc., at 2:00 a.m. on August 6, 1994. He was headed north on 1-95 and had just crosse…
  • Flight Express, Inc. v. Robinson, 736 So. 2d 796 (Fla. 3d DCA 1999)
    …igation over the distribution of the proceeds, to require a division of amounts to be paid to each of several offerees in a settlement proposal, see Bodek v. Gulliver Academy, Inc., 702 So. 2d 1331 (Fla. 3d DCA 1997); McFarland & Son, Inc. v. Basel, 727 So. 2d 266 (Fla. 5th DCA 1999), the amounts which each of several offerors contribute to the proposed settlement can make no difference to the offeree or otherwise affect its efficacy in any practical way. Thus, the lack of “apportionment” in the unaccepted of…
  • Strahan v. Gauldin, 756 So. 2d 158 (Fla. 5th DCA 2000)
    …party or parties and by of to any combination of parties properly identified in the proposal. A joint proposal shall state the. amount and terms .attributable to each party. (Emphasis added). The Strahans, citing to McFarland & Son, Inc. v. Basel, 727 So. 2d 266 (Fla.App. 5th DCA 1999), rev. denied, No. 95,408, 743 So. 2d 508 (Fla. Sept. 15, 1999), claim that the trial court should not have awarded fees because Gauldin failed to allocate an amount for which he was willing to settle with respect to each of t…

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