Legal Opinion

State v. Payne

District Court of Appeal of Florida

Decided December 13, 1996No. 96-00769PublishedCited by 1 opinion

1Opinion of the Court

PARKER, Judge.

The State of Florida appeals the trial court’s sentence of Richard Payne for a violation of community control, which was a sentencing guidelines downward departure-without written reasons. We reverse and remand for resentencing.

Payne’s original sentence was for shooting at, within, or into a building in violation of section 790.19, Florida Statutes (1993). He pleaded guilty and received a sentence of one year in the county jail followed by one year of probation. The sentencing documents reflect that the trial court would not apply the sentencing guidelines. Thereafter, Payne…

2Cases cited1 opinion

  1. Franquiz v. StateSupreme Court of Florida · 1996

3Cited by1 opinion

  1. State v. BarrDistrict Court of Appeal of Florida · 2007

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