¶1Appellant, found guilty of felony driving under the influence of alcohol, (sections 316.193(1) and 316.193(2)(b), Florida Statutes) appeals the trial court’s departure sentence of five years in state prison, which was based upon previous DUI convictions. As those convictions were reflected in the guidelines seoresheet and were factors already weighed in establishing the presumptive guideline sentence, we reverse and remand for resentencing within the guidelines range. Hendrix v. State, 475 So.2d 1218 (Fla.1985).
688 So. 2d 991
Odom v. State
District Court of Appeal of Florida
Decided February 28, 1997
District Court of Appeal of Florida · decided 1997-02-28
Cited by 1 later decisions — most recently October 1998
1 state decisions
Relies on 475 So. 2d 1218 - Hendrix v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1997-02-28
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