Hall Approved Free Access to American Case Law
Florida District Courts of Appeal, 1993

Avery v. State

Avery v. State
Florida District Courts of Appeal · Decided May 21, 1993 · Diamantis, Goshorn, Griffin
617 So. 2d 1171; 1993 Fla. App. LEXIS 5914; 1993 WL 167723 (Southern Reporter, Second Series)

Avery v. State

Opinion of the Court

PER CURIAM.

The state properly concedes that this ease, still in the appellate “pipeline”, is controlled by the supreme court’s decision in Ashley v. State, 614 So.2d 486 (Fla. 1993). Accordingly, as in Ashley, appellant’s habitual offender sentence is vacated and remanded for resentencing within the guidelines.

REVERSED and REMANDED.

GOSHORN, C.J., and GRIFFIN and DIAMANTIS, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

↑