Kirtsey v. State

District Court of Appeal of Florida

Kirtsey v. State

553 So. 2d 395, 14 Fla. L. Weekly 2919, 1989 Fla. App. LEXIS 6989, 1989 WL 150084

CourtDistrict Court of Appeal of Florida

DecidedDecember 14, 1989

DocketNo. 89-21

StatusPublished

Cited by2 cases

This text of 553 So. 2d 395 (Kirtsey 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

Kirtsey v. State, 553 So. 2d 395, 14 Fla. L. Weekly 2919, 1989 Fla. App. LEXIS 6989, 1989 WL 150084 (Fla. Ct. App. 1989).

Pincite

Opinion

HARRIS, Judge.

James Floyd Kirtsey appeals from an order denying his motion to correct sentence. Kirtsey was originally convicted of kidnapping, use of a firearm in commission of a felony and attempted robbery with a firearm. However, this court in Kirtsey v. State, 511 So.2d 744 (Fla. 5th DCA 1987) [396]*396reversed the kidnapping count but provided:

Accordingly, we reverse the kidnapping conviction, but affirm the convictions and sentences for attempted robbery and use of a firearm, (emphasis added).

In affirming the “sentences” for the remaining crimes, this court failed to consider that by removing the kidnapping from the scoresheet, a lesser guideline sentence might be required. The trial judge, reasoning that this court had affirmed the sentences, held that the defendant was entitled to no further relief. We disagree.

REMANDED for resentencing within the appropriate guideline range.

DANIEL, C.J., and GOSHORN, J., concur.

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