Florida District Courts of Appeal, 1997

Odom v. State

Florida District Courts of Appeal · Decided February 28, 1997 · Allen, Mickle, Miner

688 So. 2d 991; 1997 Fla. App. LEXIS 1770; 1997 WL 82563 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Jones v. State (Fla. Dist. Ct. App. 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant, found guilty of felony driving under the influence of alcohol, (sections 316.193(1) and 316.193(2)(b), Florida Statutes) appeals the trial court’s departure sentence of five years in state prison, which was based upon previous DUI convictions. As those convictions were reflected in the guidelines seoresheet and were factors already weighed in establishing the presumptive guideline sentence, we reverse and remand for resentencing within the guidelines range. Hendrix v. State, 475 So.2d 1218 (Fla. 1985).

MINER, ALLEN and MICKLE, JJ., concur.

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