From Casetext: Smarter Legal Research

Dougherty v. State

District Court of Appeal of Florida, First District
Aug 13, 1985
474 So. 2d 11 (Fla. Dist. Ct. App. 1985)

Opinion

No. BC-316.

August 13, 1985.

Appeal from the Circuit Court, Bradford County, Theron A. Yawn, J.

Michael Allen, Public Defender, and Andrew Thomas, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Patricia Conners, Asst. Atty. Gen., for appellee.


This is an appeal from a sentence imposed pursuant to the sentencing guidelines, Fla.R.Crim.P. 3.701. We reverse and remand for resentencing.

The appellant was sentenced on September 4, 1984 for an offense committed on April 6, 1984. During the interim between the commission of the offense and the date of sentencing, the sentencing guidelines were amended in a manner disadvantageous to the appellant resulting in a presumptive sentence longer than the presumptive sentence prescribed by the guidelines in effect at the time appellant's offense was committed. Under such circumstances, it is error to apply the amended guidelines. Richardson v. State, 472 So.2d 1278, (Fla.1st DCA 1985). Compare Dewberry v. State, 472 So.2d 792, (Fla.1st DCA 1985), wherein the court affirmed the application of the amended guidelines to a preamendment offense because the prescribed presumptive penalty for the offense was the same under both the original guidelines and the amended guidelines.

Reversed and remanded for resentencing.

MILLS and SMITH, JJ., concur.


Summaries of

Dougherty v. State

District Court of Appeal of Florida, First District
Aug 13, 1985
474 So. 2d 11 (Fla. Dist. Ct. App. 1985)
Case details for

Dougherty v. State

Case Details

Full title:JAMES DOUGHERTY, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Aug 13, 1985

Citations

474 So. 2d 11 (Fla. Dist. Ct. App. 1985)

Citing Cases

State v. Dougherty

OVERTON, Justice. This is a petition to review Dougherty v. State, 474 So.2d 11 (Fla. 1st DCA 1985), which…