Perillo v. State
522 So. 2d 101, 13 Fla. L. Weekly 748, 1988 Fla. App. LEXIS 1160, 1988 WL 23461
This text of 522 So. 2d 101 (Perillo 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.
Bluebook
Perillo v. State, 522 So. 2d 101, 13 Fla. L. Weekly 748, 1988 Fla. App. LEXIS 1160, 1988 WL 23461 (Fla. Ct. App. 1988).
Opinion
A trial court may not use as a reason to enhance a criminal sentence an element that has already been factored into the sentencing guidelines. State v. Mischler, 488 So.2d 523 (Fla.1986). Therefore, the sentence under review is reversed with directions to resentence the defendant within the appropriate guidelines.
Reversed and remanded with directions.
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Related
State v. Mischler
488 So. 2d 523 (Supreme Court of Florida, 1986)
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Bluebook (online)
522 So. 2d 101, 13 Fla. L. Weekly 748, 1988 Fla. App. LEXIS 1160, 1988 WL 23461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perillo-v-state-fladistctapp-1988.