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Pettis v. State

462 So. 2d 870, 10 Fla. L. Weekly 268, 1985 Fla. App. LEXIS 12149
CourtDistrict Court of Appeal of Florida
DecidedJanuary 30, 1985
DocketNo. 84-889
StatusPublished

This text of 462 So. 2d 870 (Pettis 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
Pettis v. State, 462 So. 2d 870, 10 Fla. L. Weekly 268, 1985 Fla. App. LEXIS 12149 (Fla. Ct. App. 1985).

Opinion

PER CURIAM.

Pettis violated parole. The trial court went outside the sentencing guidelines and increased the sentence given Pettis solely under the provisions of Florida Rule of Criminal Procedure 3.701(d)(14). It was error to employ this Rule because it did not become effective until a full month following sentencing. We reverse the retroactive application of Florida Rule of Criminal Procedure 3.701(d)(14) under authority of O’Malley v. State, 462 So.2d 868 (Fla. 4th DCA 1985) and remand for further sentencing.

Reversed and remanded.

HERSEY, DELL and WALDEN, JJ., concur.

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Related

O'Malley v. State
462 So. 2d 868 (District Court of Appeal of Florida, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
462 So. 2d 870, 10 Fla. L. Weekly 268, 1985 Fla. App. LEXIS 12149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pettis-v-state-fladistctapp-1985.