Gregory v. State
This text of 475 So. 2d 1221 (Gregory v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
We have for review Gregory v. State, 458 So.2d 792 (Fla. 5th DCA 1984), which conflicts with decisions of other district courts of appeal and of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
The Fifth District Court of Appeal affirmed the decision of the trial court on the authority of Hendrix v. State, 455 So.2d 449 (Fla. 5th DCA 1984).
In Hendrix the Fifth District Court of Appeal held that a trial judge may base a decision to depart from the sentencing guidelines on a defendant’s prior criminal record, even where that same factor has been taken into account in determining the presumptive guidelines sentence. We quashed that decision in Hendrix v. State, 475 So.2d 1218 (Fla.1985).
For the same reasons, we likewise quash the decision of the Fifth District Court of Appeal and remand with directions to further remand to the trial court for sentencing in accordance with the guidelines.
It is so ordered.
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Cite This Page — Counsel Stack
475 So. 2d 1221, 10 Fla. L. Weekly 487, 1985 Fla. LEXIS 3752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-state-fla-1985.