JAMES COX, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-03-21
No. 4D00-1154
STEVENSON, GROSS and HAZOURI, JJ., concur.
781 So. 2d 1156 Florida District Court of Appeal, Fourth District (2001) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Following the March 6, 1997 stabbing death of his roommate, appellant, James Cox, was convicted of manslaughter and sentenced under the 1995 sentencing guidelines. Cox challenges both his conviction, alleging improper prosecutorial comments during closing arguments, and his 1995 guidelines sentence. We affirm Cox’s conviction without further comment, writing only to address the sentencing issue.

Appellant argues that he should have been sentenced under the 1994 guidelines as the 1995 guidelines have been found unconstitutional. See Heggs v. State, 759 So. 2d 620 (Fla.2000). As correctly conceded by the State, the sentence requires reversal. See Trapp v. State, 760 So. 2d 924, 928 (Fla.2000) (holding that persons challenging a sentence imposed under the 1995 sentencing guidelines have standing to do so if the relevant criminal offense occurred on or after October 1, 1995, and before May 25, 1997). Therefore, we reverse Cox’s sentence and remand for re-sentencing.

REVERSED and REMANDED.

STEVENSON, GROSS and HAZOURI, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Jones v. Muldrow, 921 So. 2d 762 (Fla. 1st DCA 2006)
    …the boundary by acquiescence ruling establishing the boundary by the Mul-drows’ 1995 survey, or otherwise address the counterclaim for unjust enrichment in further proceedings, including evidentiary hearings as may be needed. See Carroll v. Fordham, 781 So. 2d 1156 (Fla. 1st DCA 2001) (reversing and remanding a final judgment for the trial court to make the appropriate, additional findings of fact and conclusions of law consistent with the law of boundary by acquiescence).2 AFFIRMED in part, REVERSED in part…
  • Hearn Props., Inc. v. Cruce, 20 So. 3d 877 (Fla. 1st DCA 2009)
    …ere stricken prior to trial.” . Despite the supreme court’s clear language in Van Meter v. Kelsey, 91 So. 2d 327 (Fla. 1956), and Shaw v. Williams, 50 So. 2d 125 (Fla. 1950), we have used similar language on other occasions. See Carroll v. Fordham, 781 So. 2d 1156, 1157 (Fla. 1st DCA 2001) ("Case law has clearly established that the existence of a fence, which was undisputed in the case at bar, can constitute evidence of the requisite doubt or uncertainty as to the true boundary." (citing McDonald v. Givens,…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw