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531 So. 2d 752

531 So.2d 752

13 Fla.L.Weekly 2315

Mitchell v. State

District Court of Appeal of Florida

Decided October 12, 1988

District Court of Appeal of Florida · decided 1988-10-12

Cited by 2 later decisions — most recently April 1989

2 state decisions

Relies on 515 So. 2d 748 - Shull v. Dugger · 513 So. 2d 1122 - Mitchell v. State · 527 So. 2d 925 - Tyson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-12

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PER CURIAM.

¶1In Mitchell v. State, 513 So.2d 1122 (Fla. 4th DCA 1987), this court reversed appellant’s sentence and held that the three reasons given by the trial court for departure from the guidelines were invalid. On remand the trial court stated new reasons for departure and resentenced appellant to the same sentence. We reverse on the authority of Shull v. Dugger, 515 So.2d 748 (Fla. 1987) and Tyson v. State, 527 So.2d 925 (Fla. 4th DCA 1988). However, we note that the trial court did not have the benefit of Shullwhen it resentenced appellant since the supreme court issued its decision after the trial court rendered its sentence. We remand this case for resentencing within the recommended guidelines range.

¶2REVERSED AND REMANDED.

DOWNEY, GLICKSTEIN and DELL, JJ., concur.
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