Florida District Courts of Appeal, 1985

Pettis v. State

Pettis v. State
Florida District Courts of Appeal · Decided January 30, 1985 · Dell, Hersey, Walden
462 So. 2d 870; 10 Fla. L. Weekly 268; 1985 Fla. App. LEXIS 12149 (Southern Reporter, Second Series)

Pettis v. State

Opinion of the Court

PER CURIAM.

Pettis violated parole. The trial court went outside the sentencing guidelines and increased the sentence given Pettis solely under the provisions of Florida Rule of Criminal Procedure 3.701(d)(14). It was error to employ this Rule because it did not become effective until a full month following sentencing. We reverse the retroactive application of Florida Rule of Criminal Procedure 3.701(d)(14) under authority of O’Malley v. State, 462 So.2d 868 (Fla. 4th DCA 1985) and remand for further sentencing.

Reversed and remanded.

HERSEY, DELL and WALDEN, JJ., concur.

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