BRYAN K. EDMONDSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WEBSTER, J.
In Edmondson v. State, 771 So. 2d 1136 (Fla.2000), the supreme court quashed our prior decision in this case, Edmondson v. State, 745 So. 2d 533 (Fla. 1st DCA 1999), and remanded for further proceedings in light of Maddox v. State, 760 So. 2d 89 (Fla.2000). The pertinent facts of this case are indistinguishable from those in Butler v. State, 765 So. 2d 274 (Fla. 1st DCA 2000). Accordingly, as in Butler, we conclude that we are constrained to reverse the upward departure sentences imposed, and to remand with directions that the trial court impose guidelines sentences. See Maddox v. State, 760 So. 2d 89 (Fla. 2000); Pope v. State, 561 So. 2d 554 (Fla. 1990). Except as modified by this opinion, our prior opinion remains in effect, and appellant’s convictions are affirmed.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
JOANOS and PADOVANO, JJ., concur.
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Pressley v. State, 921 So. 2d 736 (Fla. 1st DCA 2006)…A 2000). Accordingly, here, as in Butler, we reverse and remand for sentencing under the guidelines. See also Haynes v. State, 843 So. 2d 993, 994 (Fla. 1st DCA 2003); Edwards v. State, 770 So. 2d 179, 179-80 (Fla. 1st DCA 2000); Edmondson v. State, 777 So. 2d 434, 434 (Fla. 1st DCA 2000). REVERSED and REMANDED with directions that the trial court impose a guidelines sentence. KAHN, C.J., and ERVIN and BENTON, JJ., concur.…
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Edmondson v. State, 816 So. 2d 768 (Fla. 1st DCA 2002)…PER CURIAM. This is an appeal from an order resen-tencing the appellant and imposing sex offender conditions in the order of probation. In Edmondson v. State, 777 So. 2d 434 (Fla. 1st DCA 2000), we reversed the upward departure sentences on the appellant’s convictions for burglary, sexual battery, and kidnapping, and remanded for sentencing within the guidelines. We affirm the resentencing disposition in all respects ex…
Authorities Cited
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Eli Butler, Jr. v. State, 765 So. 2d 274 (Fla. 1st DCA 2000)
- Edmondson v. State, 745 So. 2d 533 (Fla. 1st DCA 1999)
- Edmondson v. State, 771 So. 2d 1136 (Fla. 2000)
- Edwards v. State, 771 So. 2d 1136 (Fla. 2000)