Greene v. State

District Court of Appeal of Florida

Greene v. State

544 So. 2d 349, 14 Fla. L. Weekly 1461, 1989 Fla. App. LEXIS 3384, 1989 WL 63403

CourtDistrict Court of Appeal of Florida

DecidedJune 15, 1989

DocketNo. 88-832

StatusPublished

This text of 544 So. 2d 349 (Greene 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

Greene v. State, 544 So. 2d 349, 14 Fla. L. Weekly 1461, 1989 Fla. App. LEXIS 3384, 1989 WL 63403 (Fla. Ct. App. 1989).

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Opinion

DAUKSCH, Judge.

This is an appeal from sentences in a criminal case. Appellant was convicted of capital sexual battery on a child and multiple counts of lewd and lascivious assault on a child. The sentencing judge erred by refusing to order a guidelines scoresheet on the non-capital counts, Disinger v. State, 526 So.2d 213 (Fla. 5th DCA 1988); Jackson v. State, 528 So.2d 1306 (Fla. 2d DCA 1988), and in assessing costs and fees without proper notice and an opportunity to be heard. Harriet v. State, 520 So.2d 271 (Fla.1988). The sentences on the non-capital counts are vacated and this cause remanded for proper resentencing.

SENTENCES VACATED; REMANDED.

SHARP, C.J., and ORFINGER, J„ concur.

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DAUKSCH, Judge.

This is an appeal from sentences in a criminal case. Appellant was convicted of capital sexual battery on a child and multiple counts of lewd and lascivious assault on a child. The sentencing judge erred by refusing to order a guidelines scoresheet on the non-capital counts, Disinger v. State, 526 So.2d 213 (Fla. 5th DCA 1988); Jackson v. State, 528 So.2d 1306 (Fla. 2d DCA 1988), and in assessing costs and fees without proper notice and an opportunity to be heard. Harriet v. State, 520 So.2d 271 (Fla.1988). The sentences on the non-capital counts are vacated and this cause remanded for proper resentencing.

SENTENCES VACATED; REMANDED.

SHARP, C.J., and ORFINGER, J„ concur.

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Bluebook (online)

544 So. 2d 349, 14 Fla. L. Weekly 1461, 1989 Fla. App. LEXIS 3384, 1989 WL 63403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-state-fladistctapp-1989.

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