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558 So. 2d 204

State v. Freeland

District Court of Appeal of Florida · decided 1990-03-22

Cited by 2 later decisions — most recently June 1991

2 state decisions

Relies on 515 So. 2d 161 - Carawan v. State · 558 So. 2d 4 - State v. Glenn

Good law ✅— No negative treatment on recordhow we know

Decided 1990-03-22

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DAUKSCH, Judge.

¶1This is an appeal from a sentence and a cross-appeal from convictions. We find no merit in the cross-appeal but vacate the sentence and remand for resentencing. While the record is not crystal clear as to why the trial judge refused to score previous convictions for sale and possession of illegal drugs it could be that Carawan v. State, 515 So.2d 161 (Fla.1987) was improperly retroactively applied. State v. Glenn, 558 So.2d 4 (Fla.1990). Even if Carawanwas applied, there is insufficient evidence to demonstrate that the previous convictions for sale and possession involved a single quantity of drugs. If a downward departure was intended then written reasons were not given.

¶2SENTENCE VACATED; REMANDED.

GOSHORN and GRIFFIN, JJ., concur.
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