Legal Opinion

Cosme v. State

District Court of Appeal of Florida

Decided April 17, 2013No. Nos. 4D09-1650, 4D09-1652PublishedCited by 3 opinions

1Opinion of the CourtGerber, J.

The defendant appeals his sentences following his violation of probation. He argues that the circuit court fundamentally erred in failing to consider the criminal punishment code scoresheet and sentencing guidelines before imposing the sentences. The state concedes error. We have reviewed the record and recognize some doubt may exist as to what the court may have considered or intended before imposing the sentences. Therefore, we reverse and remand for resentencing.

The defendant pled guilty in two cases to two counts of robbery with a firearm and one count of robbery with a weapon. For each…

2Cases cited3 opinions

  1. Christian v. StateDistrict Court of Appeal of Florida · 2012
  2. Josephs v. StateDistrict Court of Appeal of Florida · 2012
  3. Graham v. StateDistrict Court of Appeal of Florida · 2006

3Cited by3 opinions

  1. Abel Navarro v. State of FloridaDistrict Court of Appeal of Florida · 2025
  2. DEANGELO LAVANDER FAIN v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2020
  3. RAUL COSME v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2017

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