Summary
In Edmondson v. State, 777 So.2d 434 (Fla. 1st DCA 2000), we reversed the upward departure sentences on the appellant's convictions for burglary, sexual battery, and kidnapping, and remanded for sentencing within the guidelines.
Summary of this case from Edmondson v. StateOpinion
No. 1D98-3856.
Opinion filed December 29, 2000.
An appeal from the Circuit Court for Bay County. Dedee S. Costello, Judge.
Affirmed in part; Reversed in part; and Remanded, with directions.
Nancy A. Daniels, Public Defender; Phil Patterson, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; James J. Carney, Assistant Attorney General, Tallahassee, for Appellee.
In Edmondson v. State, 25 Fla. L. Weekly S1055 (Fla. Nov. 16, 2000), the supreme court quashed our prior decision in this case, Edmondson v. State, 745 So.2d 533 (Fla. 1st DCA 1999), and remanded for further proceedings in light of Maddox v. State, 760 So.2d 89 (Fla. 2000). The pertinent facts of this case are indistinguishable from those in Butler v. State, 765 So.2d 274 (Fla. 1st DCA 2000). Accordingly, as in Butler, we conclude that we are constrained to reverse the upward departure sentences imposed, and to remand with directions that the trial court impose guidelines sentences. See Maddox v. State, 760 So.2d 89 (Fla. 2000); Pope v. State, 561 So.2d 554 (Fla. 1990). Except as modified by this opinion, our prior opinion remains in effect, and appellant's convictions are affirmed.
Joanos and Padovano, JJ., Concur.