State v. Freeland

District Court of Appeal of Florida

State v. Freeland

558 So. 2d 204, 1990 Fla. App. LEXIS 1837, 1990 WL 31538

CourtDistrict Court of Appeal of Florida

DecidedMarch 22, 1990

DocketNo. 89-1340

StatusPublished

Cited by2 cases

This text of 558 So. 2d 204 (State v. Freeland) 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

State v. Freeland, 558 So. 2d 204, 1990 Fla. App. LEXIS 1837, 1990 WL 31538 (Fla. Ct. App. 1990).

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Opinion

DAUKSCH, Judge.

This is an appeal from a sentence and a cross-appeal from convictions. We find no merit in the cross-appeal but vacate the sentence and remand for resentencing. While the record is not crystal clear as to why the trial judge refused to score previous convictions for sale and possession of illegal drugs it could be that Carawan v. State, 515 So.2d 161 (Fla.1987) was improperly retroactively applied. State v. Glenn, 558 So.2d 4 (Fla.1990). Even if Carawan was applied, there is insufficient evidence to demonstrate that the previous convictions for sale and possession involved a single quantity of drugs. If a downward departure was intended then written reasons were not given.

SENTENCE VACATED; REMANDED.

GOSHORN and GRIFFIN, JJ., concur.

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DAUKSCH, Judge.

This is an appeal from a sentence and a cross-appeal from convictions. We find no merit in the cross-appeal but vacate the sentence and remand for resentencing. While the record is not crystal clear as to why the trial judge refused to score previous convictions for sale and possession of illegal drugs it could be that Carawan v. State, 515 So.2d 161 (Fla.1987) was improperly retroactively applied. State v. Glenn, 558 So.2d 4 (Fla.1990). Even if Carawan was applied, there is insufficient evidence to demonstrate that the previous convictions for sale and possession involved a single quantity of drugs. If a downward departure was intended then written reasons were not given.

SENTENCE VACATED; REMANDED.

GOSHORN and GRIFFIN, JJ., concur.

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Bluebook (online)

558 So. 2d 204, 1990 Fla. App. LEXIS 1837, 1990 WL 31538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-freeland-fladistctapp-1990.

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