Gross v. State

District Court of Appeal of Florida

Gross v. State

581 So. 2d 1007, 1991 Fla. App. LEXIS 7117, 1991 WL 126671

CourtDistrict Court of Appeal of Florida

DecidedJuly 12, 1991

DocketNo. 89-1248

StatusPublished

This text of 581 So. 2d 1007 (Gross 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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Gross v. State, 581 So. 2d 1007, 1991 Fla. App. LEXIS 7117, 1991 WL 126671 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

The offense for which the appellant was convicted and sentenced was committed on February 22, 1988. The trial court’s use of the 1988 amended habitual offender statute was error. The sentence is REVERSED and this case REMANDED to the trial court for resentencing under section 775.-084, Florida Statutes (1987). The court shall consider the sentencing guidelines scoresheet and give contemporaneous written reasons for any departure sentence imposed.

The remaining issues raised on appeal are found to be without merit.

NIMMONS, BARFIELD and MINER, JJ., concur.

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PER CURIAM.

The offense for which the appellant was convicted and sentenced was committed on February 22, 1988. The trial court’s use of the 1988 amended habitual offender statute was error. The sentence is REVERSED and this case REMANDED to the trial court for resentencing under section 775.-084, Florida Statutes (1987). The court shall consider the sentencing guidelines scoresheet and give contemporaneous written reasons for any departure sentence imposed.

The remaining issues raised on appeal are found to be without merit.

NIMMONS, BARFIELD and MINER, JJ., concur.

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Bluebook (online)

581 So. 2d 1007, 1991 Fla. App. LEXIS 7117, 1991 WL 126671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gross-v-state-fladistctapp-1991.