Garrido v. State

District Court of Appeal of Florida

Garrido v. State

537 So. 2d 1112, 14 Fla. L. Weekly 328, 1989 Fla. App. LEXIS 359, 1989 WL 6224

CourtDistrict Court of Appeal of Florida

DecidedJanuary 31, 1989

DocketNo. 88-1383

StatusPublished

This text of 537 So. 2d 1112 (Garrido 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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Garrido v. State, 537 So. 2d 1112, 14 Fla. L. Weekly 328, 1989 Fla. App. LEXIS 359, 1989 WL 6224 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

Antonio Garrido appeals from a convic- s tion and sentence for the offense of burglary of a conveyance with intent to commit theft, in violation of section 810.02, Florida Statutes (1987). We affirm the judgment of conviction. The enhanced sentence, however, was not supported by any evidence, and the guidelines scoresheet was improperly calculated. Accordingly, we reverse and remand with directions to recalculate the scoresheet and to impose a sentence not to exceed six and one-half years’ incarceration. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

REVERSED AND REMANDED WITH DIRECTIONS.

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PER CURIAM.

Antonio Garrido appeals from a convic- s tion and sentence for the offense of burglary of a conveyance with intent to commit theft, in violation of section 810.02, Florida Statutes (1987). We affirm the judgment of conviction. The enhanced sentence, however, was not supported by any evidence, and the guidelines scoresheet was improperly calculated. Accordingly, we reverse and remand with directions to recalculate the scoresheet and to impose a sentence not to exceed six and one-half years’ incarceration. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969).

REVERSED AND REMANDED WITH DIRECTIONS.

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537 So. 2d 1112, 14 Fla. L. Weekly 328, 1989 Fla. App. LEXIS 359, 1989 WL 6224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrido-v-state-fladistctapp-1989.

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