Capote v. State

District Court of Appeal of Florida

Capote v. State

507 So. 2d 1191, 12 Fla. L. Weekly 1380, 1987 Fla. App. LEXIS 8528

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 1987

DocketNo. 85-2527

StatusPublished

This text of 507 So. 2d 1191 (Capote 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

Capote v. State, 507 So. 2d 1191, 12 Fla. L. Weekly 1380, 1987 Fla. App. LEXIS 8528 (Fla. Ct. App. 1987).

Pincite

Opinion

On Motion to Relinquish Jurisdiction

PER CURIAM.

Prior to Whitehead v. State, 498 So.2d 863 (Fla.1986), the trial judge deviated upward from the guidelines on the sole ground that the defendant had been declared a habitual offender under section 775.084, Florida Statutes (1985). In response to the brief of appellant, which raises this issue as the sole point on appeal, the state has filed a “motion to relinquish jurisdiction” to the trial court, which we take as a confession of error. Pursuant thereto, the sentence imposed below is reversed on the authority of Whitehead and the cause is remanded for appropriate re-sentencing.

Free access — add to your briefcase to read the full text and ask questions with AI

On Motion to Relinquish Jurisdiction

PER CURIAM.

Prior to Whitehead v. State, 498 So.2d 863 (Fla.1986), the trial judge deviated upward from the guidelines on the sole ground that the defendant had been declared a habitual offender under section 775.084, Florida Statutes (1985). In response to the brief of appellant, which raises this issue as the sole point on appeal, the state has filed a “motion to relinquish jurisdiction” to the trial court, which we take as a confession of error. Pursuant thereto, the sentence imposed below is reversed on the authority of Whitehead and the cause is remanded for appropriate re-sentencing.

Cite This Page — Counsel Stack

Bluebook (online)

507 So. 2d 1191, 12 Fla. L. Weekly 1380, 1987 Fla. App. LEXIS 8528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/capote-v-state-fladistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack