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Florida District Courts of Appeal, 1985

Garner v. State

Garner v. State
Florida District Courts of Appeal · Decided March 27, 1985 · Anstead, Dell, Walden
465 So. 2d 671; 10 Fla. L. Weekly 798; 1985 Fla. App. LEXIS 13122 (Southern Reporter, Second Series)

Garner v. State

Opinion of the Court

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.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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