Odom v. State

688 So. 2d 991, 1997 Fla. App. LEXIS 1770, 1997 WL 82563
District Court of Appeal of Florida·Decided February 28, 1997·No. No. 96-1334·Published·Cited by 1 cases

Opinion

PER CURIAM.

Appellant, found guilty of felony driving under the influence of alcohol, (sections 316.193(1) and 316.193(2)(b), Florida Statutes) appeals the trial court’s departure sentence of five years in state prison, which was based upon previous DUI convictions. As those convictions were reflected in the guidelines seoresheet and were factors already weighed in establishing the presumptive guideline sentence, we reverse and remand for resentencing within the guidelines range. Hendrix v. State, 475 So.2d 1218 (Fla.1985).

MINER, ALLEN and MICKLE, JJ., concur.

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Odom v. State, 688 So. 2d 991, 1997 Fla. App. LEXIS 1770, 1997 WL 82563 (Fla. Ct. App. 1997).

688 So. 2d 991 (Odom v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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