Kent v. State

Full title: TIMOTHY KENT, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Second District, Sarasota County

Date published: Jun 28, 2000

764 So. 2d 723 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 2D97-2931.

Opinion filed June 28, 2000.

Appeal from the Circuit Court for Sarasota County; Robert W. McDonald, Judge.

James Marion Moorman, Public Defender, Bartow, and William L. Sharwell, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Dale E. Tarpley, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Timothy Kent appeals sentences for two counts of handling or fondling a child, imposed pursuant to the 1995 sentencing guidelines. The offenses occurred during the summer of 1996. Because the 1995 sentencing guidelines are unconstitutional, we remand this case to the trial court to reconsider this sentence. See Smith v. State, 25 Fla. L. Weekly D1273 (Fla. 2d DCA May 24, 2000).

THREADGILL, A.C.J., and PARKER, and STRINGER, JJ., Concur.