Florida District Courts of Appeal, 1989

Stivers v. State

Stivers v. State
Florida District Courts of Appeal · Decided May 24, 1989 · Frank, Parker, Ryder
543 So. 2d 453; 14 Fla. L. Weekly 1305; 1989 Fla. App. LEXIS 2954; 1989 WL 55291 (Southern Reporter, Second Series)

Stivers v. State

Opinion of the Court

PER CURIAM.

Crit Stivers, Jr., has appealed from convictions and sentences for aggravated assault with a firearm and possession of a firearm by a convicted felon. We affirm his convictions but reverse the sentences on the basis that the departure order does nothing more than recite past criminal history. This was error. Hendrix v. State, 475 So.2d 1218 (Fla. 1985). On remand the court is to sentence the defendant within the applicable guidelines ranges. Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

Convictions affirmed; sentences reversed; remanded for resentencing within the guidelines.

RYDER, A.C.J., and FRANK and PARKER, JJ., concur.

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