DUC M. PHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DUC M. PHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
762 So. 2d 597
Florida District Court of Appeal, Fifth District (2000)
Positive Treatment
Cited by 6 cases
Opinion of the Court
THOMPSON, C.J.,
Due M. Pham appeals the denial of his motion for post-conviction relief pursuant to rule 3.850, Florida Rules of Criminal Procedure. He contends that he was sentenced to 64.2 months in prison under the 1995 sentencing guidelines, and that under the 1994 guidelines, the maximum sentence would have been 45.7 months incarceration. We reverse and remand for further proceedings consistent with Heggs v. State, 759 So. 2d 620 (Fla.2000), and Parker v. State, Case No. 5D99-3349, — So. 2d -, 2000 WL 1144594 (Fla. Aug. 11, 2000).
REVERSED and REMANDED.
COBB and W. SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jenkins v. State, 771 So. 2d 37 (Fla. 4th DCA 2000)…er rule 3.850, and providing that if defendant is able to prove entitlement to mid guidelines sentence, then state must be given opportunity either to go to trial or agree to defendant’s resentencing under 1994 scoresheet); see also Spacco v. State, 762 So. 2d 597 (Fla. 5th DCA 2000) (reversing order denying rule 3.850 motion and providing, because sentence was result of negotiated plea, that state has option on remand of agreeing to sentence under 1994 guidelines or withdrawing from plea bargain and taking d…
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Buckingham v. State, 771 So. 2d 1206 (Fla. 2d DCA 2000)…the State shall have the option of agreeing to a bottom of the guidelines sentence under the 1994 guidelines, or withdrawing from the plea bargain and taking appellant to trial. See Gibson v. State, 772 So. 2d 35 (Fla. 2d DCA 2000); Spacco v. State, 762 So. 2d 597 (Fla. 5th DCA 2000). Sentence vacated; remanded with directions. SALCINES, J., Concurs. PARKER, J., Concurs specially.…
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Vareia v. State, 777 So. 2d 1168 (Fla. 3d DCA 2001)…ing to a guidelines sentence under the 1994 guidelines, or withdrawing from the plea bargain and taking Vareia to trial. See Buckingham v. State, 771 So. 2d 1206 (Fla. 2d DCA 2000); Gibson v. State, 772 So. 2d 35 (Fla. 2d DCA 2000); Spacco v. State, 762 So. 2d 597 (Fla. 5th DCA 2000). Reversed and remanded.…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)