Pisarski v. State

Full title: DAMON PISARSKI, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jul 2, 1985

471 So. 2d 679 (Fla. Dist. Ct. App. 1985)

Opinion

No. 84-1666.

July 2, 1985.

Appeal from the Circuit Court for Monroe County; Bill G. Chappell, Judge.

Bennett H. Brummer, Public Defender, and Henry H. Harnage, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Diane Leeds and Michael Neiman, Asst. Attys. Gen., for appellee.

Before NESBITT, DANIEL S. PEARSON and FERGUSON, JJ.

PER CURIAM.

Because the trial judge based Pisarski's sentence on guidelines not legally in effect at the time the offense was committed, we vacate the sentence. The cause is remanded for resentencing under the proper guidelines. Sueiro v. State, 471 So.2d 1317 (Fla. 3d DCA 1985); Taft v. State, 468 So.2d 472 (Fla. 4th DCA 1985).