Wyman v. State
This text of 459 So. 2d 1118 (Wyman 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.
Opinion
Bruce W. WYMAN, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, First District.
*1119 Michael Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.
Jim Smith, Atty. Gen., and Henri C. Cawthon, Asst. Atty. Gen., Tallahassee, for appellee.
WIGGINTON, Judge.
Appellant appeals his conviction of burglary of a structure, asserting that he was improperly sentenced under the sentencing guidelines, Florida Rule of Criminal Procedure 3.701. We agree with appellant that the record does not contain any proper evidentiary basis to support the trial court's departure from the guidelines on the ground that appellant "induced another to commit a criminal offense together with defendant." Therefore, we reverse the sentencing order and remand for resentencing under the sentencing guidelines.
JOANOS and BARFIELD, JJ., concur.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
459 So. 2d 1118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wyman-v-state-fladistctapp-1984.