Public-domain · open source
OpenJurist

461 So. 2d 216

Docket No. AY-206.

Barnes v. State

James H. BARNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 18, 1984.

District Court of Appeal of Florida · decided 1984-12-18

Cited by 5 later decisions — most recently July 1985

5 state decisions

Relies on 454 So. 2d 691 - Jackson v. State · 458 So. 2d 64 - Randolph v. State · Saunders v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-12-18

View the full empirical analysis of this case →

¶1Michael E. Allen, Public Defender, Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.

¶2Jim Smith, Atty. Gen., Henri C. Cawthon, Asst. Atty. Gen., Tallahassee, for appellee.

¶3PER CURIAM.

¶4Appellant appeals his sentence complaining that the trial court erred in relying upon an amendment to the sentencing guidelines which provides for "bumping *217 up" a sentence range into the next higher "cell" when a defendant's probation is revoked. See Rule 3.701(d)(14), Fla.R. Crim.P. This rule was not effective until July 1, 1984, several months after appellant was sentenced. While this appeal was pending, this court decided Jackson v. State,454 So.2d 691 (Fla. 1st DCA 1984), which holds that this amended rule cannot be applied retroactively. See also Saunders v. State,459 So.2d 1119 (Fla. 1st DCA 1984); and Randolph v. State,458 So.2d 64 (Fla. 1st DCA 1984). Accordingly, appellant's sentence is VACATED and the case is REMANDED for resentencing.

¶5SMITH, ZEHMER and BARFIELD, JJ., concur.

/461/so2d/216 · .json · Public domain