Florida District Courts of Appeal, 1991

Walker v. State

Walker v. State
Florida District Courts of Appeal · Decided December 19, 1991 · Dauksch, Griffin, Harris
589 So. 2d 1049; 1991 Fla. App. LEXIS 12988; 1991 WL 268556 (Southern Reporter, Second Series)

Walker v. State

Opinion of the Court

GRIFFIN, Judge.

We affirm the conviction but quash the sentence on the authority of Flowers v. State, 586 So.2d 1058 (Fla. 1991).

This defendant was sentenced for three offenses to a total of twenty years incarceration, which was within the permitted range for his guidelines score. Correcting that score to delete thirty-four points improperly included for multiplication of legal constraint points yields a permitted range no greater than seventeen years. Accordingly, we quash the sentence and remand for resentencing.

AFFIRMED in part; QUASHED in part and REMANDED.

DAUKSCH and HARRIS, JJ., concur.

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