Fletcher v. State

District Court of Appeal of Florida

Fletcher v. State

468 So. 2d 428, 10 Fla. L. Weekly 1094, 1985 Fla. App. LEXIS 13768

CourtDistrict Court of Appeal of Florida

DecidedMay 1, 1985

DocketNo. 84-2412

StatusPublished

Cited by2 cases

This text of 468 So. 2d 428 (Fletcher 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

Fletcher v. State, 468 So. 2d 428, 10 Fla. L. Weekly 1094, 1985 Fla. App. LEXIS 13768 (Fla. Ct. App. 1985).

Pincite

Opinion

PER CURIAM.

Appellant Ellis Fletcher pled nolo conten-dere to a charge of grand theft and to a charge of possession of a controlled substance. Both offenses were committed pri- or to July 1, 1984.

On July 1, 1984, the sentencing guidelines, Rules 3.701 and 3.988, Florida Rules of Criminal Procedure, were amended. On October 10, 1984, Fletcher was sentenced in accordance with the guidelines as amended July 1, 1984.

We vacate Fletcher’s sentence, and remand for sentencing in accordance with the sentencing guidelines in effect prior to July 1, 1984. Fletcher is entitled to be sentenced under the sentencing guidelines in effect at the time he committed the offenses. Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985).

SENTENCE VACATED; CAUSE REMANDED.

LETTS, HERSEY and BARKETT, JJ., concur.

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