Legal Opinion

Schreiner v. State

District Court of Appeal of Florida

Decided June 17, 2015No. 1D13-5906PublishedCited by 1 opinion

1Opinion of the CourtWolf, J.

Appellant argues the trial court erred in sentencing him to a state prison sanction for the offense of driving while license permanently revoked without making written findings that a nonstate prison sanction could present a danger to the public, as required by section 775.082(10), Florida Statutes.* The State concedes error. Thus, we reverse and remand for resen-tencing to a nonstate prison sanction for that count. See Murphy v. State, 161 So.3d 1282 (Fla. 1st DCA 2015) (holding a trial court’s failure to provide written findings as required by section 775.082(10) requires resentencing to…

2Cases cited1 opinion

  1. Tony Murphy v. State of FloridaDistrict Court of Appeal of Florida · 2015

3Cited by1 opinion

  1. Schreiner v. StateDistrict Court of Appeal of Florida · 2016

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