522 So. 2d 101
522 So.2d 101
13 Fla.L.Weekly 748
District Court of Appeal of Florida
Decided March 22, 1988
District Court of Appeal of Florida · decided 1988-03-22
Cited by 2 later decisions — most recently December 1993
2 state decisions
Relies on 488 So. 2d 523 - State v. Mischler
Good law ✅— No negative treatment on recordhow we know
Decided 1988-03-22
View the full empirical analysis of this case →
¶1A trial court may not use as a reason to enhance a criminal sentence an element that has already been factored into the sentencing guidelines. State v. Mischler, 488 So.2d 523 (Fla.1986). Therefore, the sentence under review is reversed with directions to resentence the defendant within the appropriate guidelines.
¶2Reversed and remanded with directions.