Florida District Courts of Appeal, 1991

Gross v. State

Gross v. State
Florida District Courts of Appeal · Decided July 12, 1991 · Barfield, Miner, Nimmons
581 So. 2d 1007; 1991 Fla. App. LEXIS 7117; 1991 WL 126671 (Southern Reporter, Second Series)

Gross v. State

Opinion of the Court

PER CURIAM.

The offense for which the appellant was convicted and sentenced was committed on February 22, 1988. The trial court’s use of the 1988 amended habitual offender statute was error. The sentence is REVERSED and this case REMANDED to the trial court for resentencing under section 775.-084, Florida Statutes (1987). The court shall consider the sentencing guidelines scoresheet and give contemporaneous written reasons for any departure sentence imposed.

The remaining issues raised on appeal are found to be without merit.

NIMMONS, BARFIELD and MINER, JJ., concur.

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