Hardy v. State

District Court of Appeal of Florida

Hardy v. State

492 So. 2d 837, 11 Fla. L. Weekly 1794, 1986 Fla. App. LEXIS 9320

CourtDistrict Court of Appeal of Florida

DecidedAugust 14, 1986

DocketNo. 85-1772

StatusPublished

Cited by1 cases

This text of 492 So. 2d 837 (Hardy 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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Hardy v. State, 492 So. 2d 837, 11 Fla. L. Weekly 1794, 1986 Fla. App. LEXIS 9320 (Fla. Ct. App. 1986).

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Opinion

DAUKSCH, Judge.

This is an appeal from a sentence for aggravated assault. The trial judge erred in scoring thirty-six points for victim injury which error caused appellant’s sentence to be greater than the sentencing guidelines allow. Although we relinquished jurisdiction for resentencing, the sentencing judge failed to resentence appellant within the time allotted for the jurisdiction to do so. Thus, we must write this opinion vacating the sentence and requiring the resentenc-ing. The sentence is vacated and this cause is remanded for a proper resentenc-ing.

SENTENCE VACATED; REMANDED.

ORFINGER and COBB, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a sentence for aggravated assault. The trial judge erred in scoring thirty-six points for victim injury which error caused appellant’s sentence to be greater than the sentencing guidelines allow. Although we relinquished jurisdiction for resentencing, the sentencing judge failed to resentence appellant within the time allotted for the jurisdiction to do so. Thus, we must write this opinion vacating the sentence and requiring the resentenc-ing. The sentence is vacated and this cause is remanded for a proper resentenc-ing.

SENTENCE VACATED; REMANDED.

ORFINGER and COBB, JJ., concur.

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492 So. 2d 837, 11 Fla. L. Weekly 1794, 1986 Fla. App. LEXIS 9320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardy-v-state-fladistctapp-1986.

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