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855 So. 2d 695

Davis v. State

District Court of Appeal of Florida

Decided October 8, 2003

District Court of Appeal of Florida · decided 2003-10-08

Cited by 6 later decisions — most recently January 2009

6 state decisions

Relies on 825 So. 2d 927 - State v. Lemon

Good law ✅— No negative treatment on recordhow we know

Decided 2003-10-08

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¶1ON REMAND FROM THE FLORIDA SUPREME COURT

PER CURIAM.

¶2On remand and mandate from the Supreme Court of Florida, see State v. Davis, 28 Fla. L. Weekly S657, — So.2d -, 2003 WL 22019503 (Fla. Aug. 28, 2003), we reverse the order on appeal and remand this cause to the trial court for reconsideration of appellant’s motion to correct illegal sentence in light of the decision in State v. Lemon, 825 So.2d 927 (Fla.2002). Pursuant to Lemon, the trial court must determine whether the reasons relied upon in imposing the departure sentence under the 1995 sentencing statute would have provided a valid basis to depart under the 1994 statute.

¶3REVERSED and REMANDED.

STEVENSON, GROSS and TAYLOR, JJ., concur.
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