Andrews v. State

District Court of Appeal of Florida

Andrews v. State

708 So. 2d 654, 1998 Fla. App. LEXIS 3440, 1998 WL 150484

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 1998

DocketNo. 95-05090

StatusPublished

Cited by1 cases

This text of 708 So. 2d 654 (Andrews 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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Andrews v. State, 708 So. 2d 654, 1998 Fla. App. LEXIS 3440, 1998 WL 150484 (Fla. Ct. App. 1998).

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Opinion

BLUE, Judge.

David B. Andrews appeals his conviction for scheme to defraud and the guidelines departure sentence imposed. As in the case of James A. Kipping, Andrews’ co-defendant, we affirm the conviction, reverse the sentence and remand for resentencing within the guidelines. See Kipping v. State, 702 So.2d 578 (Fla. 2d DCA 1997). We resolve Andrews’ only issue not presented in Kipping by holding the trial court did not abuse its discretion by denying his motion for continuance. See Parker v. State, 641 So.2d 369, 373-74 (Fla.1994); Corbett v. State, 602 So.2d 1240, 1242 (Fla.1992).

Accordingly, we affirm the conviction, reverse the departure sentence and remand for resentencing within the sentencing guidelines.

ALTENBERND, A.C.J., and YOUNG, ROBERT A, Associate Judge, concur.

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BLUE, Judge.

David B. Andrews appeals his conviction for scheme to defraud and the guidelines departure sentence imposed. As in the case of James A. Kipping, Andrews’ co-defendant, we affirm the conviction, reverse the sentence and remand for resentencing within the guidelines. See Kipping v. State, 702 So.2d 578 (Fla. 2d DCA 1997). We resolve Andrews’ only issue not presented in Kipping by holding the trial court did not abuse its discretion by denying his motion for continuance. See Parker v. State, 641 So.2d 369, 373-74 (Fla.1994); Corbett v. State, 602 So.2d 1240, 1242 (Fla.1992).

Accordingly, we affirm the conviction, reverse the departure sentence and remand for resentencing within the sentencing guidelines.

ALTENBERND, A.C.J., and YOUNG, ROBERT A, Associate Judge, concur.

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708 So. 2d 654, 1998 Fla. App. LEXIS 3440, 1998 WL 150484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-v-state-fladistctapp-1998.

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