Smith v. State, 669 So. 2d 1133

PER CURIAM.

In Smith v. State, 640 So.2d 1257 (Fla. 3d DCA 1994), this court ordered Mark Smith‘s two convictions for attempted felony murder vacated. Thereafter, the trial judge vacated those convictions and immediately mistakenly signed a judgment reimposing the convictions and resentencing Smith. The state has conceded these convictions must be reversed and the case remanded for correction of the sentence imposed.

Defendant argues that as to the count which remains, on remand he is entitled to be sentenced within the guidelines, as the record cannot support a departure sentence. We disagree. This point was raised in Smith‘s earlier appeal and we affirmed the validity of his life-risking flight as a basis for a departure from the guidelines. Thus, this reason as a valid basis for a departure sentence is the law of the case. State v. Stabile, 443 So.2d 398 (Fla. 4th DCA 1984).

Accordingly, we affirm in part, reverse in part, and remand for resentencing.

Case Details

Case Name: Smith v. State

Court Name: District Court of Appeal of Florida

Date Published: Mar 20, 1996

Citations: 669 So. 2d 1133; 1996 WL 121021; 95-1707

Docket Number: 95-1707

Court Abbreviation: Fla. Dist. Ct. App.