Oldfield v. State

District Court of Appeal of Florida

Oldfield v. State

468 So. 2d 446, 10 Fla. L. Weekly 1123, 1985 Fla. App. LEXIS 13826

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 1985

DocketNo. AZ-226

StatusPublished

Cited by2 cases

This text of 468 So. 2d 446 (Oldfield 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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Oldfield v. State, 468 So. 2d 446, 10 Fla. L. Weekly 1123, 1985 Fla. App. LEXIS 13826 (Fla. Ct. App. 1985).

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Opinion

PER CURIAM.

Appellant appeals from a thirty month sentence, contending that the trial court erred in relying on an amendment to Rule 3.701(d)(14), Florida Rules of Criminal Procedure, which allows a trial court to “bump up” a sentence range to the next higher guidelines “cell” when a defendant’s probation is revoked. Appellant was sentenced prior to July 1, 1984, the effective date of the rule. The trial court’s decision to apply the new rule retroactively to appellant was error. Barnes v. State, 461 So.2d 216 (Fla. 1st DCA 1984); Saunders v. State, 459 So.2d 1119 (Fla. 1st DCA 1984); accord Frazier v. State, 463 So.2d 458 (Fla. 2d DCA 1985).

Accordingly, appellant’s sentence is VACATED and the case is REMANDED for resentencing.

SMITH, SHIVERS and WIGGINTON, JJ., concur.

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PER CURIAM.

Appellant appeals from a thirty month sentence, contending that the trial court erred in relying on an amendment to Rule 3.701(d)(14), Florida Rules of Criminal Procedure, which allows a trial court to “bump up” a sentence range to the next higher guidelines “cell” when a defendant’s probation is revoked. Appellant was sentenced prior to July 1, 1984, the effective date of the rule. The trial court’s decision to apply the new rule retroactively to appellant was error. Barnes v. State, 461 So.2d 216 (Fla. 1st DCA 1984); Saunders v. State, 459 So.2d 1119 (Fla. 1st DCA 1984); accord Frazier v. State, 463 So.2d 458 (Fla. 2d DCA 1985).

Accordingly, appellant’s sentence is VACATED and the case is REMANDED for resentencing.

SMITH, SHIVERS and WIGGINTON, JJ., concur.

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Bluebook (online)

468 So. 2d 446, 10 Fla. L. Weekly 1123, 1985 Fla. App. LEXIS 13826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oldfield-v-state-fladistctapp-1985.

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