Garner v. State

Full title: RAY SAM GARNER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 27, 1985

465 So. 2d 671 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-745.

March 27, 1985.

Appeal from Circuit Court, Okeechobee County; Dwight L. Geiger, Judge.

Richard L. Jorandby, Public Defender, Ellen Morris and Richard B. Greene, Asst. Public Defenders, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Reversed and remanded with directions to resentence appellant according to the guidelines which were in effect on March 1, 1984. O'Malley v. State, 462 So.2d 868 (Fla. 4th DCA 1985); Burke v. State, 460 So.2d 1022 (Fla. 2d DCA 1984); Saunders v. State, 459 So.2d 1119 (Fla. 1st DCA 1984); Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984).

DELL and WALDEN, JJ., concur.

ANSTEAD, C.J., dissents with opinion.

ANSTEAD, Chief Judge, dissenting:

I think the trial court was entitled to deviate from the sentencing guidelines because the appellant violated his probation.