Lloyd v. State

District Court of Appeal of Florida

Lloyd v. State

579 So. 2d 928, 1991 Fla. App. LEXIS 5776, 1991 WL 93534

CourtDistrict Court of Appeal of Florida

DecidedJune 6, 1991

DocketNo. 89-2143

StatusPublished

This text of 579 So. 2d 928 (Lloyd 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

Lloyd v. State, 579 So. 2d 928, 1991 Fla. App. LEXIS 5776, 1991 WL 93534 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

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.

W. SHARP, PETERSON and GRIFFIN, JJ., concur.

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