Lloyd v. State
579 So. 2d 928, 1991 Fla. App. LEXIS 5776, 1991 WL 93534
Procedural entryThis page is a short order in Lloyd v. State. Read the opinion of the Court — 1994 Fla. App. LEXIS 3067 →
Opinion
The trial court’s reason for departing upward from a guideline sentence was:
Defendant was on probation for selling cocaine and was arrested for selling cocaine (new charges) within 3 months of being released from jail and being placed on probation.
In Smith v. State, 579 So.2d 75 (Fla.1991), the supreme court held that “one successive criminal episode of no greater significance than the first, even though committed only thirty days after release from incarceration, is not a sufficient reason to depart from the guidelines.” In light of this recent decision, we must vacate the sentence and remand for sentencing within the guidelines.
Sentence 'VACATED; REMANDED for resentencing.
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Lloyd v. State, 579 So. 2d 928, 1991 Fla. App. LEXIS 5776, 1991 WL 93534 (Fla. Ct. App. 1991).
579 So. 2d 928 (Lloyd v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Smith v. State
579 So. 2d 75 (Supreme Court of Florida, 1991)