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Stivers v. State

543 So. 2d 453, 14 Fla. L. Weekly 1305, 1989 Fla. App. LEXIS 2954, 1989 WL 55291
CourtDistrict Court of Appeal of Florida
DecidedMay 24, 1989
DocketNo. 87-1723
StatusPublished

This text of 543 So. 2d 453 (Stivers 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
Stivers v. State, 543 So. 2d 453, 14 Fla. L. Weekly 1305, 1989 Fla. App. LEXIS 2954, 1989 WL 55291 (Fla. Ct. App. 1989).

Opinion

PER CURIAM.

Crit Stivers, Jr., has appealed from convictions and sentences for aggravated assault with a firearm and possession of a firearm by a convicted felon. We affirm his convictions but reverse the sentences on the basis that the departure order does nothing more than recite past criminal history. This was error. Hendrix v. State, 475 So.2d 1218 (Fla.1985). On remand the court is to sentence the defendant within the applicable guidelines ranges. Shull v. Dugger, 515 So.2d 748 (Fla.1987).

Convictions affirmed; sentences reversed; remanded for resentencing within the guidelines.

RYDER, A.C.J., and FRANK and PARKER, JJ., concur.

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Related

Hendrix v. State
475 So. 2d 1218 (Supreme Court of Florida, 1985)
Shull v. Dugger
515 So. 2d 748 (Supreme Court of Florida, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
543 So. 2d 453, 14 Fla. L. Weekly 1305, 1989 Fla. App. LEXIS 2954, 1989 WL 55291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stivers-v-state-fladistctapp-1989.