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704 So. 2d 681

Flint v. State

District Court of Appeal of Florida

Decided December 17, 1997

District Court of Appeal of Florida · decided 1997-12-17

Relies on 561 So. 2d 584 - State v. Vanhorn · Junco v. State

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Decided 1997-12-17

How this case has been cited

Cited by 20 later decisions — most recently May 2010

20 state decisions

100199720002010decided

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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NORTHCUTT, Judge.

¶1Ralph Flint challenges the denial of his petition for habeas corpus, seeking a discharge for violation of his right to a speedy trial. We affirm. Flint also contends his guidelines scoresheet was inaccurate, resulting in a de facto departure sentence. The State concedes that the total points on his scoresheet should have been 107.6 instead of 110.2. As a result, Flint’s sentence exceeded the guidelines maximum. We remand for resentencing under the corrected scoresheet. The trial court may reimpose the original sentence only if it files written reasons for a departure. See State v. Vanhorn, 561 So.2d 584 (Fla.1990); Junco v. State, 571 So.2d 570 (Fla. 3d DCA 1990).

¶2Denial of petition for habeas corpus affirmed, remanded for resentencing.

BLUE, A.C.J., and WHATLEY, J., concur.
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