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857 So. 2d 976

Reyes v. State

District Court of Appeal of Florida

Decided October 29, 2003

District Court of Appeal of Florida · decided 2003-10-29

Relies on 660 So. 2d 1390 - Rahmings v. State · Bolden v. State

Decided 2003-10-29

SCHWARTZ, Chief Judge.

¶1Because cases like Rahmings v. State, 660 So.2d 1390 (Fla.1995)(failure to appear for sentencing, standing alone, was invalid reason for upward departure sentence) and Bolden v. State, 691 So.2d 23 (Fla. 1st DCA 1997)(defendant cannot by agreement confer on court authority to impose illegal departure sentence), which involve guideline sentences, do not apply to post-October 1, 1998 offenses like this one, which are governed by the Criminal Punishment Code, the order below denying post-conviction relief is affirmed.

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