Mathis v. State

District Court of Appeal of Florida

Mathis v. State

559 So. 2d 732, 1990 Fla. App. LEXIS 2758, 1990 WL 48587

CourtDistrict Court of Appeal of Florida

DecidedApril 18, 1990

DocketNo. 87-02526

StatusPublished

This text of 559 So. 2d 732 (Mathis 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

Mathis v. State, 559 So. 2d 732, 1990 Fla. App. LEXIS 2758, 1990 WL 48587 (Fla. Ct. App. 1990).

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Opinion

FRANK, Judge.

The defendant, Curtis Wilson Mathis, has appealed his judgment and sentence for two counts of possession of controlled substances (one third degree felony and one misdemeanor). We find no error in the conviction. The judge did, however, improperly depart from the guidelines on the basis that the sentence was not sufficient for either correctional or rehabilitative purposes. Accordingly, we reverse the sentence and remand for resentencing within the guidelines.

SCHEB, A.C.J., and THREADGILL, J., concur.

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FRANK, Judge.

The defendant, Curtis Wilson Mathis, has appealed his judgment and sentence for two counts of possession of controlled substances (one third degree felony and one misdemeanor). We find no error in the conviction. The judge did, however, improperly depart from the guidelines on the basis that the sentence was not sufficient for either correctional or rehabilitative purposes. Accordingly, we reverse the sentence and remand for resentencing within the guidelines.

SCHEB, A.C.J., and THREADGILL, J., concur.

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Bluebook (online)

559 So. 2d 732, 1990 Fla. App. LEXIS 2758, 1990 WL 48587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mathis-v-state-fladistctapp-1990.