Florida District Courts of Appeal, 1997

Flint v. State

Florida District Courts of Appeal · Decided December 17, 1997 · Blue, Northcutt, Whatley

704 So. 2d 681; 1997 Fla. App. LEXIS 14038; 1997 WL 837916 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Davis v. State (Fla. Dist. Ct. App. 1997)

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Opinion of the Court

NORTHCUTT, Judge.

Ralph Flint challenges the denial of his petition for habeas corpus, seeking a discharge for violation of his right to a speedy trial. We affirm. Flint also contends his guidelines scoresheet was inaccurate, resulting in a de facto departure sentence. The State concedes that the total points on his scoresheet should have been 107.6 instead of 110.2. As a result, Flint’s sentence exceeded the guidelines maximum. We remand for resentencing under the corrected scoresheet. The trial court may reimpose the original sentence only if it files written reasons for a departure. See State v. Vanhorn, 561 So.2d 584 (Fla. 1990); Junco v. State, 571 So.2d 570 (Fla. 3d DCA 1990).

Denial of petition for habeas corpus affirmed, remanded for resentencing.

BLUE, A.C.J., and WHATLEY, J., concur.

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