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543 So. 2d 420

543 So.2d 420

14 Fla.L.Weekly 1232

Humphrey v. State

District Court of Appeal of Florida · decided 1989-05-18

Good law ✅— No negative treatment on recordhow we know

Decided 1989-05-18

How this case has been cited

Cited by 7 later decisions — most recently July 2018

7 state decisions

401989199020002010decided

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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ORFINGER, Judge.

¶1Points for “legal constraint” were improperly scored in computing appellant’s recommended guidelines sentence, because nothing in the record before this court supports the trial court’s conclusion that at the time of appellant’s arrest here there was an outstanding warrant for his arrest on a charge of contempt for “failure to appear for a criminal judicial proceeding.” See Fla.R.Crim.P. 3.701(d)6. Because the elimination of these points reduces the recommended sentence, we vacate the sentence and remand the case for recalculation of the scoresheet and for resentencing.

¶2Sentence VACATED and REMANDED.

DAUKSCH and COBB, JJ., concur.
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