Garner v. State

465 So. 2d 671 | Fla. Dist. Ct. App. | 1985

Lead Opinion

PER CURIAM.

Reversed and remanded with directions to resentence appellant according to the guidelines which were in effect on March 1, 1984. O’Malley v. State, 462 So.2d 868 (Fla. 4th DCA 1985); Burke v. State, 460 So.2d 1022 (Fla. 2d DCA 1984); Saunders v. State, 459 So.2d 1119 (Fla. 1st DCA 1984); Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984).

DELL and WALDEN, JJ., concur. ANSTEAD, C.J., dissents with opinion.

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Dissenting Opinion

ANSTEAD, Chief Judge,

dissenting:

I think the trial court was entitled to deviate from the sentencing’ guidelines because the appellant violated his probation.