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Scott v. State

District Court of Appeal of Florida, First District
Jul 8, 1988
527 So. 2d 968 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1268.

July 8, 1988.

An appeal from the Circuit Court for Duval County; John D. Southwood, Judge.

P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Elizabeth C. Masters, Asst. Atty. Gen., Tallahassee, for appellee.


This is the third appeal to this court of a guidelines departure sentence originally imposed in 1984. See Scott v. State, 508 So.2d 335 (Fla. 1987); Scott v. State, 492 So.2d 448 (Fla. 1st DCA 1986); Scott v. State, 469 So.2d 865 (Fla. 1st DCA 1985). Because the latest sentence fails to properly reflect the exact amount of credit for time served to which Scott is entitled, we remand with directions that the sentence be corrected in this regard. The 20 year departure sentence is supported by a valid reason for departure, Scott's creation of extreme risk to the safety of many citizens. Scurry v. State, 489 So.2d 25 (Fla. 1986). Accordingly, on remand, the court shall correct the portion of the sentence providing credit for time served. In all other respects, the sentence is AFFIRMED.

THOMPSON, NIMMONS and BARFIELD, JJ., concur.


Summaries of

Scott v. State

District Court of Appeal of Florida, First District
Jul 8, 1988
527 So. 2d 968 (Fla. Dist. Ct. App. 1988)
Case details for

Scott v. State

Case Details

Full title:MICHAEL ANTHONY SCOTT, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 8, 1988

Citations

527 So. 2d 968 (Fla. Dist. Ct. App. 1988)