RUSSELL LEE YATES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RUSSELL LEE YATES, APPELLANT,
STATE OF FLORIDA, APPELLEE
755 So. 2d 202
Florida District Court of Appeal, Fifth District (2000)
Positive Treatment
Cited by 4 cases
Opinion of the Court
GRIFFIN, J,
We find appellant’s claims of ineffective assistance of trial counsel to be without merit; however, in light of the supreme court’s decision in State v. Thompson, 750 So. 2d 643 (Fla.1999), defendant must be resentenced.
SENTENCE VACATED and REMANDED.
DAUKSCH and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Yates v. State, 823 So. 2d 273 (Fla. 5th DCA 2002)…iminal offender, and his sentence was affirmed on appeal. Yates v. State, 704 So. 2d 1159 (Fla. 5th DCA 1998). Thereafter, this court sent this cause back for resentencing in light of State v. Thompson, 750 So. 2d 643 (Fla.1999). See Yates v. State, 755 So. 2d 202 (Fla. 5th DCA 2000). At the hearing on resentencing, the trial court made the following findings and pronouncements: It will be the judgment and sentence of this court that Russell Lee Yates be adjudicated guilty, and that he be sentenced for a te…
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Smith v. State, 767 So. 2d 614 (Fla. 5th DCA 2000)…his issue can be raised in a postconviction motion. See Martino v. State, 759 So. 2d 727 (Fla. 5 th DCA 2000)(sentences imposed under the 1995 version of the guidelines are invalid and issue can be raised in postconviction motion); Griffis v. State, 755 So. 2d 202 (Fla. 5 th DCA 2000). Defendant has alleged that the offense in question was committed within the applicable window period, as established in Trapp v. State, 760 So. 2d 924 (Fla.2000), and that he was adversely affected because the sentence impose…
Authorities Cited
- State v. Thompson, 750 So. 2d 643 (Fla. 1999)