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465 So. 2d 671

465 So.2d 671

10 Fla.L.Weekly 798

Garner v. State

District Court of Appeal of Florida · decided 1985-03-27

Cited by 1 later decisions — most recently May 1985

1 state decisions

Relies on Carter v. State · Saunders v. State · 460 So. 2d 1022 - Burke v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1985-03-27

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PER CURIAM.

¶1Reversed and remanded with directions to resentence appellant according to the guidelines which were in effect on March 1, 1984. O’Malley v. State, 462 So.2d 868 (Fla. 4th DCA 1985); Burke v. State, 460 So.2d 1022 (Fla. 2d DCA 1984); Saunders v. State, 459 So.2d 1119 (Fla. 1st DCA 1984); Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984).

DELL and WALDEN, JJ., concur.ANSTEAD, C.J., dissents with opinion.
ANSTEAD, Chief Judge,

¶2dissenting:

¶3I think the trial court was entitled to deviate from the sentencing’ guidelines because the appellant violated his probation.

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