Johnson v. Singletary

District Court of Appeal of Florida

Johnson v. Singletary

708 So. 2d 321, 1998 Fla. App. LEXIS 2667, 1998 WL 117756

CourtDistrict Court of Appeal of Florida

DecidedMarch 18, 1998

DocketNo. 97-3284

StatusPublished

This text of 708 So. 2d 321 (Johnson v. Singletary) 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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Johnson v. Singletary, 708 So. 2d 321, 1998 Fla. App. LEXIS 2667, 1998 WL 117756 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

The petitioner, Charles Johnson, seeks a writ of habeas corpus based on ineffective assistance of appellate counsel. We grant the petition and remand for resentencing within the guidelines.

In the instant ease, although the petitioner’s trial counsel correctly argued that a departure from the sentencing guidelines cannot be based on prior offenses for which no conviction was obtained, the trial court nonetheless entered a departure sentence. See State v. Tyner, 506 So.2d 405, 406 (Fla.1987). Because the petitioner’s appellate counsel failed to raise this issue on appeal, we agree with the petitioner that he was denied effective assistance of appellate counsel. Accordingly, we grant the petition and remand for resentencing within the guidelines.

Petition granted; remanded for resentenc-ing.

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PER CURIAM.

The petitioner, Charles Johnson, seeks a writ of habeas corpus based on ineffective assistance of appellate counsel. We grant the petition and remand for resentencing within the guidelines.

In the instant ease, although the petitioner’s trial counsel correctly argued that a departure from the sentencing guidelines cannot be based on prior offenses for which no conviction was obtained, the trial court nonetheless entered a departure sentence. See State v. Tyner, 506 So.2d 405, 406 (Fla.1987). Because the petitioner’s appellate counsel failed to raise this issue on appeal, we agree with the petitioner that he was denied effective assistance of appellate counsel. Accordingly, we grant the petition and remand for resentencing within the guidelines.

Petition granted; remanded for resentenc-ing.

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708 So. 2d 321, 1998 Fla. App. LEXIS 2667, 1998 WL 117756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-singletary-fladistctapp-1998.

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