Finklea v. State

District Court of Appeal of Florida

Finklea v. State

496 So. 2d 230, 11 Fla. L. Weekly 2263, 1986 Fla. App. LEXIS 10276

CourtDistrict Court of Appeal of Florida

DecidedOctober 28, 1986

DocketNos. BJ-252, BJ-255

StatusPublished

Cited by1 cases

This text of 496 So. 2d 230 (Finklea 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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Finklea v. State, 496 So. 2d 230, 11 Fla. L. Weekly 2263, 1986 Fla. App. LEXIS 10276 (Fla. Ct. App. 1986).

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Opinion

ERVIN, Judge.

Appellant appeals the trial court’s departure from the recommended guideline sentence of 9-12 years’ incarceration to a term of natural life. We find that the trial judge’s reasons for departure are invalid in that they have already been factored into the guideline sentence.

The case is reversed with directions to resentence the appellant within the recommended range provided by the guidelines. Williams v. State, 492 So.2d 1308 (Fla.1986).

WIGGINTON and BARFIELD, JJ., concur.

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ERVIN, Judge.

Appellant appeals the trial court’s departure from the recommended guideline sentence of 9-12 years’ incarceration to a term of natural life. We find that the trial judge’s reasons for departure are invalid in that they have already been factored into the guideline sentence.

The case is reversed with directions to resentence the appellant within the recommended range provided by the guidelines. Williams v. State, 492 So.2d 1308 (Fla.1986).

WIGGINTON and BARFIELD, JJ., concur.

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496 So. 2d 230, 11 Fla. L. Weekly 2263, 1986 Fla. App. LEXIS 10276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finklea-v-state-fladistctapp-1986.

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