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

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.

Reference

Full Case Name
Ralph FLINT v. STATE of Florida
Cited By
1 case
Status
Published