Meyers v. State

District Court of Appeal of Florida

Meyers v. State

820 So. 2d 437, 2002 Fla. App. LEXIS 9438, 2002 WL 1429592

CourtDistrict Court of Appeal of Florida

DecidedJuly 3, 2002

DocketNo. 4D00-3533

StatusPublished

This text of 820 So. 2d 437 (Meyers 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

Meyers v. State, 820 So. 2d 437, 2002 Fla. App. LEXIS 9438, 2002 WL 1429592 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Defendant appeals his sentence and the trial court’s denial of his motion for a downward departure. We affirm the trial court’s denial of a downward departure. See State v. Cummings, 748 So.2d 388 (Fla. 5th DCA 2000); and Section 921.0026, Florida Statutes (2001). We reverse, however, and remand the case to the trial court to resentence the defendant.' The state was unable to produce competent evidence to prove prior convictions, which the defendant disputed. See Banks v. State, 610 So.2d 514 (Fla. 1st DCA 1992), rev. denied, 618 So.2d 208 (Fla.1993). Upon remand, the resentencing is limited to the state’s ability to prove the existence of the disputed prior convictions.

SHAHOOD, HAZOURI, and MAY, JJ., concur.

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PER CURIAM.

Defendant appeals his sentence and the trial court’s denial of his motion for a downward departure. We affirm the trial court’s denial of a downward departure. See State v. Cummings, 748 So.2d 388 (Fla. 5th DCA 2000); and Section 921.0026, Florida Statutes (2001). We reverse, however, and remand the case to the trial court to resentence the defendant.' The state was unable to produce competent evidence to prove prior convictions, which the defendant disputed. See Banks v. State, 610 So.2d 514 (Fla. 1st DCA 1992), rev. denied, 618 So.2d 208 (Fla.1993). Upon remand, the resentencing is limited to the state’s ability to prove the existence of the disputed prior convictions.

SHAHOOD, HAZOURI, and MAY, JJ., concur.

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Bluebook (online)

820 So. 2d 437, 2002 Fla. App. LEXIS 9438, 2002 WL 1429592, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyers-v-state-fladistctapp-2002.

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