Prescott v. State

District Court of Appeal of Florida

Prescott v. State

495 So. 2d 818, 11 Fla. L. Weekly 2083, 1986 Fla. App. LEXIS 9895

CourtDistrict Court of Appeal of Florida

DecidedOctober 1, 1986

DocketNo. 85-768

StatusPublished

This text of 495 So. 2d 818 (Prescott 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

Prescott v. State, 495 So. 2d 818, 11 Fla. L. Weekly 2083, 1986 Fla. App. LEXIS 9895 (Fla. Ct. App. 1986).

Pincite

Opinion

PER CURIAM.

We affirm appellant’s convictions but reverse the sentencing order because we find that most of the reasons given by the trial court for deviating from the sentencing guidelines were impermissible. One reason, excessive brutality, may be permissible depending on the circumstances. See Lerma v. State, 497 So.2d 736 (Fla.1986). Accordingly, we remand with directions [819]*819that appellant be resentenced in accord herewith.

ANSTEAD, GUNTHER and STONE, JJ., concur.

BY ORDER OF THE COURT:

ORDERED that Appellant’s October 10, 1986 motion for rehearing is denied. Further

ORDERED that the issuance of a mandate in this cause is stayed pending the Supreme Court of Florida decision in Hall v. State, Supreme Court Case No. 67,355. The parties are directed to inform this Court immediately upon a decision in Hall

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