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537 So. 2d 1128

537 So.2d 1128

14 Fla.L.Weekly 370

Goff v. State

District Court of Appeal of Florida

Decided February 3, 1989

District Court of Appeal of Florida · decided 1989-02-03

Relies on 512 So. 2d 1095 - Goff v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-03

How this case has been cited

Cited by 6 later decisions — most recently February 2009

6 state decisions

40198919902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1In Goff v. State, 512 So.2d 1095 (Fla. 2d DCA 1987) we affirmed the conviction of Goff for conspiracy to traffic in 10,000 pounds or more of cannabis, but vacated the sentence of twenty-five years incarceration imposed by the trial court. The crime as charged requires a fifteen-year minimum mandatory sentence notwithstanding a recommended guidelines sentence of four and one-half to five and one-half years. The trial judge did not give any written reasons for exceeding the guidelines.

¶2On remand, we directed that the trial judge “impose the minimum mandatory sentence of fifteen years,” noting that it was not necessary for the defendant to be present for resentencing.

¶3Upon resentencing, a sentence of twenty-five years was again imposed with written reasons being given for exceeding the guidelines. This sentence exceeds the authority of the trial judge which is governed by our prior mandate. We, therefore, again vacate the sentence imposed and remand with directions to impose the minimum mandatory sentence of fifteen years. It is not necessary for the defendant to be present for resentencing.

CAMPBELL, C.J., and SCHOONOVER and PATTERSON, JJ., concur.
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