Perillo v. State
Perillo v. State
522 So. 2d 101; 13 Fla. L. Weekly 748; 1988 Fla. App. LEXIS 1160; 1988 WL 23461
(Southern Reporter, Second Series)
Perillo v. State
Opinion of the Court
A trial court may not use as a reason to enhance a criminal sentence an element that has already been factored into the sentencing guidelines. State v. Mischler, 488 So.2d 523 (Fla. 1986). Therefore, the sentence under review is reversed with directions to resentence the defendant within the appropriate guidelines.
Reversed and remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.