Higgs v. State

District Court of Appeal of Florida

Higgs v. State

543 So. 2d 427, 14 Fla. L. Weekly 1231, 1989 Fla. App. LEXIS 2764, 1989 WL 51222

CourtDistrict Court of Appeal of Florida

DecidedMay 18, 1989

DocketNo. 88-1681

StatusPublished

Cited by1 cases

This text of 543 So. 2d 427 (Higgs 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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Higgs v. State, 543 So. 2d 427, 14 Fla. L. Weekly 1231, 1989 Fla. App. LEXIS 2764, 1989 WL 51222 (Fla. Ct. App. 1989).

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Opinion

COBB, Judge.

Following the appellant’s conviction on the charge of aggravated child abuse, the trial court imposed a five-year sentence. As the state concedes, the scoresheet was apparently not considered and the sentence given was three cells above the recommended guidelines sentence of 12-30 months of incarceration or community control. Because the court did not provide written reasons for departure, the sentence is reversed and the case is remanded for reconsideration of the sentence below. Mims v. State, 508 So.2d 1343 (Fla. 5th DCA 1987).

REMANDED.

ORFINGER and COWART, JJ., concur.

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COBB, Judge.

Following the appellant’s conviction on the charge of aggravated child abuse, the trial court imposed a five-year sentence. As the state concedes, the scoresheet was apparently not considered and the sentence given was three cells above the recommended guidelines sentence of 12-30 months of incarceration or community control. Because the court did not provide written reasons for departure, the sentence is reversed and the case is remanded for reconsideration of the sentence below. Mims v. State, 508 So.2d 1343 (Fla. 5th DCA 1987).

REMANDED.

ORFINGER and COWART, JJ., concur.

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Bluebook (online)

543 So. 2d 427, 14 Fla. L. Weekly 1231, 1989 Fla. App. LEXIS 2764, 1989 WL 51222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/higgs-v-state-fladistctapp-1989.

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