Montes-Oca v. State

District Court of Appeal of Florida

Montes-Oca v. State

530 So. 2d 1105, 13 Fla. L. Weekly 2186, 1988 Fla. App. LEXIS 4147, 1988 WL 96069

CourtDistrict Court of Appeal of Florida

DecidedSeptember 20, 1988

DocketNo. 87-2342

StatusPublished

This text of 530 So. 2d 1105 (Montes-Oca 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.

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Montes-Oca v. State, 530 So. 2d 1105, 13 Fla. L. Weekly 2186, 1988 Fla. App. LEXIS 4147, 1988 WL 96069 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

The defendant was found guilty of burglary and battery. The recommended sentence range was three years incarceration. The defendant was sentenced to three and one-half years even though the trial judge did not state written reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(11). See State v. Whitfield, 487 So.2d 1045, 1047 (Fla.1986); State v. Jackson, 478 So.2d 1054 (Fla.1985). The state concedes the error and states it was the result of an improperly calculated guidelines scoresheet.

Accordingly, we vacate the sentence and remand with directions to impose a sentence within the guidelines.

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PER CURIAM.

The defendant was found guilty of burglary and battery. The recommended sentence range was three years incarceration. The defendant was sentenced to three and one-half years even though the trial judge did not state written reasons for departure as required by Florida Rule of Criminal Procedure 3.701(d)(11). See State v. Whitfield, 487 So.2d 1045, 1047 (Fla.1986); State v. Jackson, 478 So.2d 1054 (Fla.1985). The state concedes the error and states it was the result of an improperly calculated guidelines scoresheet.

Accordingly, we vacate the sentence and remand with directions to impose a sentence within the guidelines.

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530 So. 2d 1105, 13 Fla. L. Weekly 2186, 1988 Fla. App. LEXIS 4147, 1988 WL 96069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/montes-oca-v-state-fladistctapp-1988.

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