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520 So. 2d 672

Docket No. 87-24.

Jones v. State

Michael D. JONES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 25, 1988.

District Court of Appeal of Florida · decided 1988-02-25

Cited by 3 later decisions — most recently August 1997

3 state decisions

Relies on 495 So. 2d 845 - Mize v. State · 509 So. 2d 1165 - Jaggers v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-02-25

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¶1*673 James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3SHARP, Chief Judge.

¶4We vacate Jones' sentence and remand for resentencing because the trial court improperly included 14 points on the scoresheet for "legal constraint" under the guidelines, which increased his presumptive guidelines sentence by one cell. Being on bond for one offense at the time the second offense was committed does not constitute "legal constraint" under Florida Rule of Criminal Procedure 3.701.d.6. See Jaggers v. State,509 So.2d 1165 (Fla. 1st DCA 1987); Mize v. State,495 So.2d 845 (Fla. 3d DCA 1986).

¶5VACATE SENTENCE; REMAND.

¶6ORFINGER and COWART, JJ., concur.

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