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Sullivan v. State

District Court of Appeal of Florida, Fourth District
Dec 6, 1989
553 So. 2d 348 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-1242.

December 6, 1989.

Appeal from the Circuit Court, Broward County, Richard D. Eade, J.

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Miles E. Ferris, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant asserts error in the sentence rendered upon his conviction of the offense of escape from legal restraint. Of the 61 points entered on the sentencing guidelines sheet, 12 points were assessed because the offense occurred while appellant was under legal restraint. The state concedes error in the inclusion of these points as legal constraint is an element of the crime of escape, State v. Chenault, 543 So.2d 1314 (Fla. 5th DCA 1989).

We therefore reverse and remand for resentencing in accordance with this opinion.

HERSEY, C.J., and LETTS and WARNER, JJ., concur.


Summaries of

Sullivan v. State

District Court of Appeal of Florida, Fourth District
Dec 6, 1989
553 So. 2d 348 (Fla. Dist. Ct. App. 1989)
Case details for

Sullivan v. State

Case Details

Full title:DENNIS SULLIVAN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 6, 1989

Citations

553 So. 2d 348 (Fla. Dist. Ct. App. 1989)

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