Farley v. State

District Court of Appeal of Florida

Farley v. State

501 So. 2d 105, 12 Fla. L. Weekly 303, 1987 Fla. App. LEXIS 6356

District Court of Appeal of Florida·Decided January 20, 1987·No. No. 86-1815·Published

Opinion

PER CURIAM.

The trial court considered prior out of state convictions in arriving at a sentence under the “guidelines” without same having been properly before the trial court. Baker v. State, 493 So.2d 515 (Fla. 1st DCA 1986); Brooks v. State, 466 So.2d 1182 (Fla. 1st DCA 1985); Davis v. State, 463 So.2d 398 (Fla. 1st DCA 1985).

Therefore, the appellant’s 3.850 motion was well taken and the denial thereof is reversed and the matter returned to the trial court with directions to vacate the sentence and conduct a new sentencing hearing.

Reversed and remanded with directions.

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

PER CURIAM.

The trial court considered prior out of state convictions in arriving at a sentence under the “guidelines” without same having been properly before the trial court. Baker v. State, 493 So.2d 515 (Fla. 1st DCA 1986); Brooks v. State, 466 So.2d 1182 (Fla. 1st DCA 1985); Davis v. State, 463 So.2d 398 (Fla. 1st DCA 1985).

Therefore, the appellant’s 3.850 motion was well taken and the denial thereof is reversed and the matter returned to the trial court with directions to vacate the sentence and conduct a new sentencing hearing.

Reversed and remanded with directions.

Farley v. State, 501 So. 2d 105, 12 Fla. L. Weekly 303, 1987 Fla. App. LEXIS 6356 (Fla. Ct. App. 1987).

Pincite

501 So. 2d 105 (Farley v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related