Flint v. State
Florida District Courts of Appeal
Flint v. State, 704 So. 2d 681 (1997)
1997 Fla. App. LEXIS 14038; 1997 WL 837916
Blue, Northcutt, Whatley
Flint v. State
Opinion of the Court
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.
Reference
- Full Case Name
- Ralph FLINT v. STATE of Florida
- Cited By
- 1 case
- Status
- Published