Florida District Courts of Appeal, 1986

Hardy v. State

Florida District Courts of Appeal · Decided August 14, 1986 · No. 85-1772 · Cobb, Dauksch, Orfinger

492 So. 2d 837; 11 Fla. L. Weekly 1794; 1986 Fla. App. LEXIS 9320 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hammond v. Hammond (Fla. Dist. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAUKSCH, Judge.

This is an appeal from a sentence for aggravated assault. The trial judge erred in scoring thirty-six points for victim injury which error caused appellant’s sentence to be greater than the sentencing guidelines allow. Although we relinquished jurisdiction for resentencing, the sentencing judge failed to resentence appellant within the time allotted for the jurisdiction to do so. Thus, we must write this opinion vacating the sentence and requiring the resentenc-ing. The sentence is vacated and this cause is remanded for a proper resentenc-ing.

SENTENCE VACATED; REMANDED.

ORFINGER and COBB, JJ., concur.

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