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Florida District Courts of Appeal, 1994

Whichard v. State

Whichard v. State
Florida District Courts of Appeal · Decided January 28, 1994 · Cobb, Diamantis, Peterson
630 So. 2d 231; 1994 Fla. App. LEXIS 330; 1994 WL 20930 (Southern Reporter, Second Series)

Whichard v. State

Opinion of the Court

COBB, Judge.

In this appeal the appellant correctly points out, and the state readily concedes, that 42 months total incarceration in the Orange County Jail represents an improper upward departure from the recommended and permitted range of “any nonstate prison sanction” in regard to the six cases in which he pled no contest. Accordingly, the sentences are vacated and remanded for resen-tencing within the parameters of Singleton v. State, 554 So.2d 1162 (Fla. 1990); § 922.051, Fla.Stat. (1991); § 921.001(5)(6), Fla.Stat. (1991); Fla.R.Crim.P. 3.701(d).

REVERSED AND REMANDED.

PETERSON and DIAMANTIS, JJ., concur.

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

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