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687 So. 2d 46

Docket No. 95-04067.

Easton v. State

Reginald EASTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided January 22, 1997.

District Court of Appeal of Florida · decided 1997-01-22

Cited by 3 later decisions — most recently June 2001

3 state decisions

Relies on 677 So. 2d 1366 - Davis v. State · 672 So. 2d 66 - Hernandez v. State · Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1997-01-22

View the full empirical analysis of this case →

¶1James Marion Moorman, Public Defender and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee and Tonja R. Vickers, Assistant Attorney General, Tampa, for Appellee.

¶3FRANK, Acting Chief Judge.

¶4Reginald Easton has appealed from a sentence imposed under the guidelines on the ground that the sentence was excessive based on the points scored. He correctly urges that when a trial court erroneously departs from the guidelines in an attempt to impose a youthful offender sentence, the sentence must be reversed. Furthermore, when, as in this case, a trial court is not aware that a departure sentence is being imposed, on remand the court shall have a fresh opportunity to reimpose a departure sentence. Hernandez v. State,672 So.2d 66 (Fla. 2d DCA 1996); Reed v. State,681 So.2d 913 (Fla. 4th DCA 1996); Davis v. State,677 So.2d 1366 (Fla. 4th DCA 1996).

¶5Reversed and remanded for resentencing.

¶6PARKER and WHATLEY, JJ., concur.

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