State v. Rogers

District Court of Appeal of Florida

State v. Rogers

556 So. 2d 1126, 14 Fla. L. Weekly 2566, 1989 Fla. App. LEXIS 6210, 1989 WL 133059

CourtDistrict Court of Appeal of Florida

DecidedNovember 8, 1989

DocketNo. 89-588

StatusPublished

Cited by1 cases

This text of 556 So. 2d 1126 (State v. Rogers) 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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State v. Rogers, 556 So. 2d 1126, 14 Fla. L. Weekly 2566, 1989 Fla. App. LEXIS 6210, 1989 WL 133059 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

We reverse the sentence and remand for resentencing because in sentencing appellee the trial court relied on the guidelines in effect at the time of the sentence as opposed to those in effect at the time of the commission of the crime. State v. Williams, 546 So.2d 809 (Fla. 4th DCA 1989).

We reject appellant’s challenge to the constitutionality of the statute under which he was convicted because he did not raise it in the trial court when he pled no contest and did not raise the issue below. Furthermore, the constitutionality of the statute has been upheld. State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989).

ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.

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PER CURIAM.

We reverse the sentence and remand for resentencing because in sentencing appellee the trial court relied on the guidelines in effect at the time of the sentence as opposed to those in effect at the time of the commission of the crime. State v. Williams, 546 So.2d 809 (Fla. 4th DCA 1989).

We reject appellant’s challenge to the constitutionality of the statute under which he was convicted because he did not raise it in the trial court when he pled no contest and did not raise the issue below. Furthermore, the constitutionality of the statute has been upheld. State v. Burch, 545 So.2d 279 (Fla. 4th DCA 1989).

ANSTEAD, GLICKSTEIN and WARNER, JJ., concur.

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Bluebook (online)

556 So. 2d 1126, 14 Fla. L. Weekly 2566, 1989 Fla. App. LEXIS 6210, 1989 WL 133059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rogers-fladistctapp-1989.

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