Stokes v. State

District Court of Appeal of Florida

Stokes v. State

527 So. 2d 216, 13 Fla. L. Weekly 386, 1988 Fla. App. LEXIS 451, 1988 WL 8110

CourtDistrict Court of Appeal of Florida

DecidedFebruary 9, 1988

DocketNo. 86-2098

StatusPublished

This text of 527 So. 2d 216 (Stokes 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

Stokes v. State, 527 So. 2d 216, 13 Fla. L. Weekly 386, 1988 Fla. App. LEXIS 451, 1988 WL 8110 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Upon the State’s confession of error, the sentence of the defendant is reversed and the cause remanded to the trial court with directions that the trial court resentence the defendant to a term of years no greater than that permitted by Florida Rule of Criminal Procedure 3.701(d)(14). The trial court's basis for an upward departure from the guidelines was its conclusion that the defendant committed the crimes for which he was charged and acquitted. Such a basis, as the State has candidly conceded, is erroneous. Fla.R.Crim.P. 3.701(d)(ll); Tyner v. State, 491 So.2d 1228 (Fla. 2d [217]*217DCA 1986); Mora v. State, 484 So.2d 621 (Fla. 2d DCA 1986).

Reversed and remanded.

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PER CURIAM.

Upon the State’s confession of error, the sentence of the defendant is reversed and the cause remanded to the trial court with directions that the trial court resentence the defendant to a term of years no greater than that permitted by Florida Rule of Criminal Procedure 3.701(d)(14). The trial court's basis for an upward departure from the guidelines was its conclusion that the defendant committed the crimes for which he was charged and acquitted. Such a basis, as the State has candidly conceded, is erroneous. Fla.R.Crim.P. 3.701(d)(ll); Tyner v. State, 491 So.2d 1228 (Fla. 2d [217]*217DCA 1986); Mora v. State, 484 So.2d 621 (Fla. 2d DCA 1986).

Reversed and remanded.

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Bluebook (online)

527 So. 2d 216, 13 Fla. L. Weekly 386, 1988 Fla. App. LEXIS 451, 1988 WL 8110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stokes-v-state-fladistctapp-1988.

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