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Humphrey v. State

543 So. 2d 420, 14 Fla. L. Weekly 1232, 1989 Fla. App. LEXIS 2769, 1989 WL 51214
CourtDistrict Court of Appeal of Florida
DecidedMay 18, 1989
DocketNo. 88-908
StatusPublished
Cited by3 cases

This text of 543 So. 2d 420 (Humphrey 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
Humphrey v. State, 543 So. 2d 420, 14 Fla. L. Weekly 1232, 1989 Fla. App. LEXIS 2769, 1989 WL 51214 (Fla. Ct. App. 1989).

Opinion

ORFINGER, Judge.

Points for “legal constraint” were improperly scored in computing appellant’s recommended guidelines sentence, because nothing in the record before this court supports the trial court’s conclusion that at the time of appellant’s arrest here there was an outstanding warrant for his arrest on a charge of contempt for “failure to appear for a criminal judicial proceeding.” See Fla.R.Crim.P. 3.701(d)6. Because the elimination of these points reduces the recommended sentence, we vacate the sentence and remand the case for recalculation of the scoresheet and for resentencing.

Sentence VACATED and REMANDED.

DAUKSCH and COBB, JJ., concur.

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Related

Pierre v. State
606 So. 2d 502 (District Court of Appeal of Florida, 1992)
Pigue v. State
567 So. 2d 530 (District Court of Appeal of Florida, 1990)
Renney v. State
543 So. 2d 420 (District Court of Appeal of Florida, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
543 So. 2d 420, 14 Fla. L. Weekly 1232, 1989 Fla. App. LEXIS 2769, 1989 WL 51214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/humphrey-v-state-fladistctapp-1989.