Laurent v. State

District Court of Appeal of Florida

Laurent v. State

542 So. 2d 1067, 14 Fla. L. Weekly 1175, 1989 Fla. App. LEXIS 2600, 1989 WL 49596

CourtDistrict Court of Appeal of Florida

DecidedMay 12, 1989

DocketNo. 88-02100

StatusPublished

Cited by1 cases

This text of 542 So. 2d 1067 (Laurent 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

Laurent v. State, 542 So. 2d 1067, 14 Fla. L. Weekly 1175, 1989 Fla. App. LEXIS 2600, 1989 WL 49596 (Fla. Ct. App. 1989).

Pincite

Opinion

RYDER, Acting Chief Judge.

Appellant raises two points, one of which has merit. The trial court stated two reasons for departing from the recommended guidelines sentence: the quantity of cocaine involved and the fact that defendant is a drug dealer. Appellant correctly asserts that both of those reasons are inherent components of a conviction for attempted trafficking in cocaine and are, therefore, invalid bases for departure. See Atwaters v. State, 519 So.2d 611 (Fla.1988); Alexander v. State, 513 So.2d 1117 (Fla. 2d DCA 1987). Accordingly, although we affirm the conviction, we reverse and set aside the sentence imposed herein and remand for resentencing within the recommended guidelines range.

Affirmed in part, reversed in part and remanded for resentencing..

DANAHY and FRANK, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

RYDER, Acting Chief Judge.

Appellant raises two points, one of which has merit. The trial court stated two reasons for departing from the recommended guidelines sentence: the quantity of cocaine involved and the fact that defendant is a drug dealer. Appellant correctly asserts that both of those reasons are inherent components of a conviction for attempted trafficking in cocaine and are, therefore, invalid bases for departure. See Atwaters v. State, 519 So.2d 611 (Fla.1988); Alexander v. State, 513 So.2d 1117 (Fla. 2d DCA 1987). Accordingly, although we affirm the conviction, we reverse and set aside the sentence imposed herein and remand for resentencing within the recommended guidelines range.

Affirmed in part, reversed in part and remanded for resentencing..

DANAHY and FRANK, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

542 So. 2d 1067, 14 Fla. L. Weekly 1175, 1989 Fla. App. LEXIS 2600, 1989 WL 49596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laurent-v-state-fladistctapp-1989.

Opinion

Related

Cite This Page — Counsel Stack