From Casetext: Smarter Legal Research

Cochran v. State

District Court of Appeal of Florida, Fourth District
Jan 29, 1992
592 So. 2d 784 (Fla. Dist. Ct. App. 1992)
Download
PDF
Check
Treatment

Summary

In Cochran v. State, 592 So.2d 784 (Fla. 4th DCA 1992), however, we rejected the same argument in identical circumstances.

Summary of this case from Bendel v. State
See 1 Summary

Opinion

No. 91-1471.

January 29, 1992.

Appeal from the Circuit Court, Martin County, Larry Schack, J.

Richard L. Jorandby, Public Defender, and Robert Friedman, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Jacqueline Barakat, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

The appellant's sentence, founded on an erroneously scored guideline, is reversed. Flowers v. State, 586 So.2d 1058 (Fla. 1991); Carter v. State, 586 So.2d 340 (Fla. 1991). We recognize that the mandated rescoring will not alter the permitted range of sentencing. Nevertheless, it cannot be assumed here that the change in score might not impact the exercise of the court's discretion.

GLICKSTEIN, C.J., and STONE and FARMER, JJ., concur.

Summaries of

Cochran v. State

District Court of Appeal of Florida, Fourth District
Jan 29, 1992
592 So. 2d 784 (Fla. Dist. Ct. App. 1992)

In Cochran v. State, 592 So.2d 784 (Fla. 4th DCA 1992), however, we rejected the same argument in identical circumstances.

Summary of this case from Bendel v. State
Case details for

Cochran v. State

Case Details

Full title:KENNETH COCHRAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jan 29, 1992

Citations

592 So. 2d 784 (Fla. Dist. Ct. App. 1992)

Citing Cases

Bendel v. State

The state argues that recalculating the guidelines score after removing the multiplier may not change the…

Thomas v. State

We reverse and remand appellant's sentence for rescoring with a correct guidelines sheet because (1) he…

3 Citing Cases