Coney v. State
This text of 560 So. 2d 429 (Coney 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.
Opinion
The defendant appeals his departure sentence on the basis that no departure beyond the one-cell bump up is permitted under the guidelines. See Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Hamilton v. State, 548 So.2d 234 (Fla.1989); Dewberry v. State, 546 So.2d 409 (Fla.1989); Lambert v. State, 545 So.2d 838 (Fla.1989); Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989). We agree. The defendant’s departure sentence is vacated and the cause remanded for resentencing within the recommended guidelines range.
SENTENCE VACATED; CAUSE REMANDED.
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Cite This Page — Counsel Stack
560 So. 2d 429, 1990 Fla. App. LEXIS 3197, 1990 WL 59218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coney-v-state-fladistctapp-1990.