Morales v. State

District Court of Appeal of Florida

Morales v. State

554 So. 2d 662, 1990 Fla. App. LEXIS 63, 1990 WL 594

CourtDistrict Court of Appeal of Florida

DecidedJanuary 2, 1990

DocketNo. 89-1336

StatusPublished

Cited by1 cases

This text of 554 So. 2d 662 (Morales 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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Morales v. State, 554 So. 2d 662, 1990 Fla. App. LEXIS 63, 1990 WL 594 (Fla. Ct. App. 1990).

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Opinion

On Motion for Rehearing

PER CURIAM.

We grant appellant Morales’ motion for rehearing and withdraw our ruling dated July 5, 1989. The State concedes that the scoresheet under which Morales was sentenced erroneously added thirty points for “legal constraint.” See Fla.R.Crim.P. 3.701(d)(6). We therefore reverse the trial court’s order denying Morales’ Rule 3.850 motion and remand for resentencing under a recalculated scoresheet. Because the sentencing judge originally imposed a guidelines sentence, and the recalculated scoresheet will apparently result in a lower guidelines range, we note that a departure sentence is, in these circumstances, an available option if reasons for departure exist. See State v. Betancourt, 552 So.2d [663]*6631107 (Fla.1989); Roberts v. State, 547 So.2d 129 (Fla.1989).

Reversed and remanded.

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On Motion for Rehearing

PER CURIAM.

We grant appellant Morales’ motion for rehearing and withdraw our ruling dated July 5, 1989. The State concedes that the scoresheet under which Morales was sentenced erroneously added thirty points for “legal constraint.” See Fla.R.Crim.P. 3.701(d)(6). We therefore reverse the trial court’s order denying Morales’ Rule 3.850 motion and remand for resentencing under a recalculated scoresheet. Because the sentencing judge originally imposed a guidelines sentence, and the recalculated scoresheet will apparently result in a lower guidelines range, we note that a departure sentence is, in these circumstances, an available option if reasons for departure exist. See State v. Betancourt, 552 So.2d [663]*6631107 (Fla.1989); Roberts v. State, 547 So.2d 129 (Fla.1989).

Reversed and remanded.

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554 So. 2d 662, 1990 Fla. App. LEXIS 63, 1990 WL 594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morales-v-state-fladistctapp-1990.

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