Humphrey v. State

Florida District Courts of Appeal
Humphrey v. State, 543 So. 2d 420 (1989)
14 Fla. L. Weekly 1232; 1989 Fla. App. LEXIS 2769; 1989 WL 51214
Cobb, Dauksch, Orfinger

Humphrey v. State

Opinion of the Court

ORFINGER, Judge.

Points for “legal constraint” were improperly scored in computing appellant’s recommended guidelines sentence, because nothing in the record before this court supports the trial court’s conclusion that at the time of appellant’s arrest here there was an outstanding warrant for his arrest on a charge of contempt for “failure to appear for a criminal judicial proceeding.” See Fla.R.Crim.P. 3.701(d)6. Because the elimination of these points reduces the recommended sentence, we vacate the sentence and remand the case for recalculation of the scoresheet and for resentencing.

Sentence VACATED and REMANDED.

DAUKSCH and COBB, JJ., concur.

Reference

Full Case Name
Edwin Owen HUMPHREY v. STATE of Florida
Cited By
3 cases
Status
Published