Reyes v. State

857 So. 2d 976, 2003 Fla. App. LEXIS 16143, 2003 WL 22439549
Procedural entryThis page is a short order in Reyes v. State. Read the opinion of the Court — 854 So. 2d 816
District Court of Appeal of Florida·Decided October 29, 2003·No. Nos. 3D03-1658, 3D03-976·Published

Opinion

SCHWARTZ, Chief Judge.

Because cases like Rahmings v. State, 660 So.2d 1390 (Fla.1995)(failure to appear for sentencing, standing alone, was invalid reason for upward departure sentence) and Bolden v. State, 691 So.2d 23 (Fla. 1st DCA 1997)(defendant cannot by agreement confer on court authority to impose illegal departure sentence), which involve guideline sentences, do not apply to post-October 1, 1998 offenses like this one, which are governed by the Criminal Punishment Code, the order below denying post-conviction relief is affirmed.

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Reyes v. State, 857 So. 2d 976, 2003 Fla. App. LEXIS 16143, 2003 WL 22439549 (Fla. Ct. App. 2003).

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Related

Rahmings v. State
660 So. 2d 1390 (Supreme Court of Florida, 1995)
Bolden v. State
691 So. 2d 23 (District Court of Appeal of Florida, 1997)