MICHAEL DEAN KELLY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MICHAEL DEAN KELLY, APPELLANT,
STATE OF FLORIDA, APPELLEE
765 So. 2d 882
Florida District Court of Appeal, Second District (2000)
Positive Treatment
Cited by 10 cases
Opinion of the Court
SALCINES, Judge.
Michael Dean Kelly appeals the judgment and sentence for an offense committed on January 20, 1997. We affirm the conviction without discussion. However, Kelly was sentenced under the 1995 guidelines which have been declared to be unconstitutional. See Heggs v. State, 759 So. 2d 620 (Fla.2000). Accordingly, this matter must be remanded for the trial court to reconsider the sentence imposed in accordance with Heggs. See Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000).
CAMPBELL, A.C.J., and BENNETT, ROBERT B., Jr., Associate Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Contrera v. Fla. Unemployment Appeals Comm'n, 894 So. 2d 269 (Fla. 1st DCA 2004)…pt even though the appellant was informed of her right to one Upon a timely request. In such cases I would direct the [Unemployment Appeals Commission] to complete the record by filing the necessary transcript. Cuebas v. Unemployment Appeals Comm’n, 765 So. 2d 882 (Fla. 2d DCA 2000). Cuebas v. Unemployment Appeals Commission, 765 So. 2d 882 (Fla. 2d DCA 2000), cited by Judge Northcutt, in turn, appears to rely upon the Fifth District’s decision in Estrada. Id. at 884. In summary, we hold that rule 9.200(f)(…1 / 2
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Morton v. State, 769 So. 2d 1119 (Fla. 2d DCA 2000)…ct that we lack a transcript even though the appellant was informed of her right to one upon a timely request. In such cases I would direct the UAC to complete the record by filing the necessary transcript. See Cuebas v. Unemployment Appeals Comm’n, 765 So. 2d 882 (Fla. 2d DCA 2000).…
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Kelly v. State, 796 So. 2d 578 (Fla. 2d DCA 2001)…firearm, a violation of section 812.13, Florida Statutes (1995). The court sentenced him to the maximum sentence permitted by the 1995 guidelines, but that sentence was reversed pursuant to Heggs v. State, 759 So. 2d 620 (Fla.2000). Kelly v. State, 765 So. 2d 882 (Fla. 2d DCA 2000). At resentencing, the State prepared a new scoresheet under the 1994 guidelines. Over Kelly’s objection, 18 points for the use of a firearm were added to the scoresheet. In this appeal, Kelly challenges the addition of those point…
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- Heggs v. State, 759 So. 2d 620 (Fla. 2000)
- Smith v. State, 761 So. 2d 419 (Fla. 2d DCA 2000)