Ricardo v. State

District Court of Appeal of Florida

Ricardo v. State

504 So. 2d 539, 12 Fla. L. Weekly 893, 1987 Fla. App. LEXIS 7428

CourtDistrict Court of Appeal of Florida

DecidedApril 1, 1987

DocketNo. BL-378

StatusPublished

This text of 504 So. 2d 539 (Ricardo 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.

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Ricardo v. State, 504 So. 2d 539, 12 Fla. L. Weekly 893, 1987 Fla. App. LEXIS 7428 (Fla. Ct. App. 1987).

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Opinion

WENTWORTH, Judge.

Appellant seeks review of a sentence imposed for the offense of aggravated battery, presenting several issues on appeal. We find no error with regard to the court’s departure from the sentence recommended under the Fla.R.Crim.P. 3.701 sentencing guidelines. However, we conclude that the court erred in directing the denial of gain time, insofar as this directive was predicated upon the application of section 27.3455, Florida Statutes (1985), since appellant’s offense occurred prior to the effective date of this statute. See Comer v. State, 502 So.2d 513 (Fla. 1st DCA 1987). On remand, the court should also determine the amount of time appellant has served to insure that the appropriate amount of credit is awarded, as appellee concedes.

The sentence is vacated and the cause remanded for resentencing in accordance herewith.¹

WIGGINTON and NIMMONS, JJ., concur.

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WENTWORTH, Judge.

Appellant seeks review of a sentence imposed for the offense of aggravated battery, presenting several issues on appeal. We find no error with regard to the court’s departure from the sentence recommended under the Fla.R.Crim.P. 3.701 sentencing guidelines. However, we conclude that the court erred in directing the denial of gain time, insofar as this directive was predicated upon the application of section 27.3455, Florida Statutes (1985), since appellant’s offense occurred prior to the effective date of this statute. See Comer v. State, 502 So.2d 513 (Fla. 1st DCA 1987). On remand, the court should also determine the amount of time appellant has served to insure that the appropriate amount of credit is awarded, as appellee concedes.

The sentence is vacated and the cause remanded for resentencing in accordance herewith.¹

WIGGINTON and NIMMONS, JJ., concur.

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504 So. 2d 539, 12 Fla. L. Weekly 893, 1987 Fla. App. LEXIS 7428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ricardo-v-state-fladistctapp-1987.

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