Booker v. State

538 So. 2d 978, 14 Fla. L. Weekly 545, 1989 Fla. App. LEXIS 955, 1989 WL 15908
CourtDistrict Court of Appeal of Florida
DecidedFebruary 28, 1989
DocketNo. 88-778
StatusPublished

This text of 538 So. 2d 978 (Booker 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.

Bluebook
Booker v. State, 538 So. 2d 978, 14 Fla. L. Weekly 545, 1989 Fla. App. LEXIS 955, 1989 WL 15908 (Fla. Ct. App. 1989).

Opinion

PER CURIAM.

Booker appeals the legality of his sentence, contending that although the recommended guidelines sentence was 12 to 30 months’ incarceration or community control, the court sentenced him to 24 months’ incarceration to be followed by 9 months’ community control. As the state concedes the sentence is illegal under the recent decision in State v. VanKooten, 522 So.2d 830 (Fla.1988), the sentence is vacated and the cause is remanded for resentencing.

SHIVERS, ZEHMER and BARFIELD, JJ., concur.

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Related

State v. VanKooten
522 So. 2d 830 (Supreme Court of Florida, 1988)

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Bluebook (online)
538 So. 2d 978, 14 Fla. L. Weekly 545, 1989 Fla. App. LEXIS 955, 1989 WL 15908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/booker-v-state-fladistctapp-1989.