Simpson v. State

Full title: REUBEN SIMPSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Apr 3, 1990

558 So. 2d 1053 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-490.

March 8, 1990. Rehearing Denied April 3, 1990.

Appeal from the Circuit Court for Orange County; Michael F. Cycmanick, Judge.

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dee R. Ball, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

The sentences herein are reversed and remanded for sentencing within the guidelines for the reasons enunciated in Hamilton v. State, 548 So.2d 234 (Fla. 1989); Lambert v. State, 545 So.2d 838 (Fla. 1989); Ree v. State, 14 F.L.W. 565, ___ So.2d ___ (Fla. Nov. 16, 1989); and Maddox v. State, 553 So.2d 1380 (Fla. 5th DCA 1989).

SENTENCES VACATED; REMANDED FOR RESENTENCING.

DAUKSCH and GRIFFIN, JJ., concur.