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Hyland v. State

District Court of Appeal of Florida, Third District
Oct 11, 2000
768 So. 2d 1240 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 3D99-1839

Opinion filed October 11, 2000. July Term, A.D. 2000

An appeal from the Circuit Court for Dade County, Leon M. Firtel, Judge; Lower Tribunal No. 97-10894.

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before COPE and GREEN, J., and NESBITT, Senior Judge.


Excellius Octave Hyland appeals his sentence imposed after his conviction of armed robbery. We reverse the sentencing order and remand for resentencing on authority of Heggs v. State, 759 So.2d 620 (Fla. 2000).

In addressing how the defendant's scoresheet should be calculated under the 1994 sentencing guidelines, the State has taken the position that it is allowed to increase the recommended state prison months by 25 percent twice. That is not so. The statute calls for a calculation of the recommended state prison months, which may be increased (or decreased) by 25 percent without giving a departure reason. See § 921.0014(2), Fla. Stat. (Supp. 1996). The State is in error in saying that it may calculate the 25 percent increase, and then add another 25 percent to it. The 25 percent increase is calculated once, not twice.

Reversed and remanded for resentencing.


Summaries of

Hyland v. State

District Court of Appeal of Florida, Third District
Oct 11, 2000
768 So. 2d 1240 (Fla. Dist. Ct. App. 2000)
Case details for

Hyland v. State

Case Details

Full title:EXCELLIUS OCTAVE HYLAND, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Oct 11, 2000

Citations

768 So. 2d 1240 (Fla. Dist. Ct. App. 2000)