Pettis v. State

462 So. 2d 870, 10 Fla. L. Weekly 268, 1985 Fla. App. LEXIS 12149
Procedural entryThis page is a short order in Pettis v. State. Read the opinion of the Court — 448 So. 2d 565
District Court of Appeal of Florida·Decided January 30, 1985·No. No. 84-889·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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

462 So. 2d 870 (Pettis v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

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