Holland v. State

District Court of Appeal of Florida

Holland v. State

558 So. 2d 500, 1990 Fla. App. LEXIS 1770, 1990 WL 29489

CourtDistrict Court of Appeal of Florida

DecidedMarch 20, 1990

DocketNo. 89-473

StatusPublished

This text of 558 So. 2d 500 (Holland 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

Holland v. State, 558 So. 2d 500, 1990 Fla. App. LEXIS 1770, 1990 WL 29489 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

There is no merit either in the ground asserted for reversal of the finding of guilt and conviction, Pressley v. State, 395 So.2d 1175 (Fla. 3d DCA 1981), review denied, 407 So.2d 1105 (Fla.1981), or the determination below that the crime involved, attempted second degree murder with a firearm, was a first degree felony. Montoya v. State, 489 So.2d 794 (Fla. 3d DCA 1986), review denied, 496 So.2d 143 (Fla.1986). It is clear, however, that none of the grounds assigned for the upward departure sentence is legally sufficient. Accordingly, the cause is remanded for resentencing within the guidelines.

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PER CURIAM.

There is no merit either in the ground asserted for reversal of the finding of guilt and conviction, Pressley v. State, 395 So.2d 1175 (Fla. 3d DCA 1981), review denied, 407 So.2d 1105 (Fla.1981), or the determination below that the crime involved, attempted second degree murder with a firearm, was a first degree felony. Montoya v. State, 489 So.2d 794 (Fla. 3d DCA 1986), review denied, 496 So.2d 143 (Fla.1986). It is clear, however, that none of the grounds assigned for the upward departure sentence is legally sufficient. Accordingly, the cause is remanded for resentencing within the guidelines.

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Bluebook (online)

558 So. 2d 500, 1990 Fla. App. LEXIS 1770, 1990 WL 29489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-state-fladistctapp-1990.

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