Reyes v. State

Full title: ELMELINDA REYES, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Oct 29, 2003

857 So. 2d 976 (Fla. Dist. Ct. App. 2003)

Opinion

Case Nos. 3D03-976, 3D03-1658

Opinion filed October 29, 2003.

Appeals conducted pursuant to Anders v. California, 386 U.S. 738 (1967) from the Circuit Court for Dade County, Andrew Hague and Manuel Crespo, Judges. Lower Tribunal No. 01-24859.

Elmelinda Reyes, in proper person.

Charles J. Crist, Jr., Attorney General, for appellee.

Before SCHWARTZ, C.J., and GREEN and WELLS, JJ.

SCHWARTZ, Chief Judge.

Because 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.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.