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Moody v. State

677 So. 2d 1001, 1996 Fla. App. LEXIS 8667, 1996 WL 457218
Procedural entryThis page is a short order in Moody v. State. Read the opinion of the Court — 679 So. 2d 23 →
District Court of Appeal of Florida·Decided August 14, 1996·No. No. 95-1535·Published

Opinion

FARMER, Judge.

We vacate appellant’s sentence and remand for sentencing within the guideline range under State v. Darrisaw, 660 So.2d 269 (Fla.1995). Darrisaw holds that an escalating pattern of criminal conduct requires crimes in temporal proximity to each other or related crimes, neither of which are met in this case. Id. at 271. The appellant was sentenced under § 921.0016, Florida Statutes (1993), which expressly does not conflict with Darrisaw, thus departure from guidelines is without basis.

STEVENSON, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.

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Moody v. State, 677 So. 2d 1001, 1996 Fla. App. LEXIS 8667, 1996 WL 457218 (Fla. Ct. App. 1996).

677 So. 2d 1001 (Moody v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Darrisaw
660 So. 2d 269 (Supreme Court of Florida, 1995)