Miller v. State
734 So. 2d 1200, 1999 Fla. App. LEXIS 9056, 1999 WL 454439
Procedural entryThis page is a short order in Miller v. State. Read the opinion of the Court — 683 So. 2d 600 →
Opinion
Because the reason given by the trial court for entering the departure sentence is not supported by the record, see Scurry v. State, 489 So.2d 25, 28-29 (Fla.1986), we reverse and remand for resentencing within the guidelines. See Lattimore v. State, 571 So.2d 99, 100-01 (Fla. 3d DCA 1990), dismissed, 584 So.2d 998 (Fla.1991). As this issue is dispositive, the remaining issue raised by the defendant is moot.
Reversed and remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Miller v. State, 734 So. 2d 1200, 1999 Fla. App. LEXIS 9056, 1999 WL 454439 (Fla. Ct. App. 1999).
734 So. 2d 1200 (Miller v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Scurry v. State
489 So. 2d 25 (Supreme Court of Florida, 1986)
Lattimore v. State
571 So. 2d 99 (District Court of Appeal of Florida, 1990)