Flint v. State

District Court of Appeal of Florida

Flint v. State

704 So. 2d 681, 1997 Fla. App. LEXIS 14038, 1997 WL 837916

CourtDistrict Court of Appeal of Florida

DecidedDecember 17, 1997

DocketNo. 96-01774

StatusPublished

Cited by1 cases

This text of 704 So. 2d 681 (Flint 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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Flint v. State, 704 So. 2d 681, 1997 Fla. App. LEXIS 14038, 1997 WL 837916 (Fla. Ct. App. 1997).

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Opinion

NORTHCUTT, Judge.

Ralph Flint challenges the denial of his petition for habeas corpus, seeking a discharge for violation of his right to a speedy trial. We affirm. Flint also contends his guidelines scoresheet was inaccurate, resulting in a de facto departure sentence. The State concedes that the total points on his scoresheet should have been 107.6 instead of 110.2. As a result, Flint’s sentence exceeded the guidelines maximum. We remand for resentencing under the corrected scoresheet. The trial court may reimpose the original sentence only if it files written reasons for a departure. See State v. Vanhorn, 561 So.2d 584 (Fla.1990); Junco v. State, 571 So.2d 570 (Fla. 3d DCA 1990).

Denial of petition for habeas corpus affirmed, remanded for resentencing.

BLUE, A.C.J., and WHATLEY, J., concur.

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NORTHCUTT, Judge.

Ralph Flint challenges the denial of his petition for habeas corpus, seeking a discharge for violation of his right to a speedy trial. We affirm. Flint also contends his guidelines scoresheet was inaccurate, resulting in a de facto departure sentence. The State concedes that the total points on his scoresheet should have been 107.6 instead of 110.2. As a result, Flint’s sentence exceeded the guidelines maximum. We remand for resentencing under the corrected scoresheet. The trial court may reimpose the original sentence only if it files written reasons for a departure. See State v. Vanhorn, 561 So.2d 584 (Fla.1990); Junco v. State, 571 So.2d 570 (Fla. 3d DCA 1990).

Denial of petition for habeas corpus affirmed, remanded for resentencing.

BLUE, A.C.J., and WHATLEY, J., concur.

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704 So. 2d 681, 1997 Fla. App. LEXIS 14038, 1997 WL 837916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flint-v-state-fladistctapp-1997.

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