Wilson v. State
Wilson v. State
Opinion of the Court
Robert Wilson files this belated appeal to correct an improper departure sentence.
In the instant case, Wilson filed a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) and a motion for post-conviction relief pursuant to Ride 3.850. The trial court denied both motions, but eventually Wilson was granted a belated appeal. After reviewing the record and the response of the state, we agree with the state that Wilson dictates reversal of the departure sentence. We remand for imposition of a sentence no more than one cell above the guidelines. Id.
REVERSED and REMANDED for sentencing consistent with this opinion.
. This court granted Wilson’s motion to appeal by court order dated 5 September 1995.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.