Alvarez v. State

District Court of Appeal of Florida

Alvarez v. State

549 So. 2d 244, 14 Fla. L. Weekly 2293, 1989 Fla. App. LEXIS 5318, 1980 WL 6745

CourtDistrict Court of Appeal of Florida

DecidedSeptember 27, 1989

DocketNo. 87-02637

StatusPublished

This text of 549 So. 2d 244 (Alvarez v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Alvarez v. State, 549 So. 2d 244, 14 Fla. L. Weekly 2293, 1989 Fla. App. LEXIS 5318, 1980 WL 6745 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

We affirm Mr. Alvarez’s conviction and sentence for first-degree murder as well as his conviction for attempted first-degree murder. The convictions involved separate victims. However, we reverse his concur[245]*245rent thirty-year sentence for the attempted first-degree murder conviction because the trial court did not use a sentencing guidelines scoresheet. Lamb v. State, 532 So.2d 1051 (Fla.1988); McHaney v. State, 513 So.2d 252 (Fla. 2d DCA 1987). Although the sentencing guidelines do not apply to the capital felony, they do apply to the attempted first-degree murder charge.

Affirmed in part, reversed in part, and remanded to the trial court for proceedings consistent herewith.

THREADGILL, A.C.J., and ALTENBERND, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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PER CURIAM.

We affirm Mr. Alvarez’s conviction and sentence for first-degree murder as well as his conviction for attempted first-degree murder. The convictions involved separate victims. However, we reverse his concur[245]*245rent thirty-year sentence for the attempted first-degree murder conviction because the trial court did not use a sentencing guidelines scoresheet. Lamb v. State, 532 So.2d 1051 (Fla.1988); McHaney v. State, 513 So.2d 252 (Fla. 2d DCA 1987). Although the sentencing guidelines do not apply to the capital felony, they do apply to the attempted first-degree murder charge.

Affirmed in part, reversed in part, and remanded to the trial court for proceedings consistent herewith.

THREADGILL, A.C.J., and ALTENBERND, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.

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Bluebook (online)

549 So. 2d 244, 14 Fla. L. Weekly 2293, 1989 Fla. App. LEXIS 5318, 1980 WL 6745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-state-fladistctapp-1989.

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