Public-domain · open source
OpenJurist

659 So. 2d 713

Baker v. State

District Court of Appeal of Florida

Decided August 30, 1995

District Court of Appeal of Florida · decided 1995-08-30

Cited by 4 later decisions — most recently November 2008

4 state decisions

Relies on 500 So. 2d 526 - State v. Pentaude · Dunn v. State · Anderson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-08-30

View the full empirical analysis of this case →

PER CURIAM.

¶1We affirm Appellant’s conviction but reverse for resentencing and direct that Appellant be permitted to elect to be sentenced under the sentencing guidelines effective 1983. See State v. Pentaude, 500 So.2d 526 (Fla.1987); Anderson v. State, 550 So.2d 488 (Fla. 4th DCA 1989).

¶2We note that Appellant was convicted under section 782.04(2), Florida Statutes, and not under section 775.082(3)(a), Florida Statutes, and therefore is not excepted from section 921.001, Florida Statutes. See Dunn v. State, 522 So.2d 41 (Fla. 5th DCA 1988).

GLICKSTEIN, STONE and WARNER, JJ., concur.
/659/so2d/713 · .json · Public domain