Legal Opinion

Fox v. State

District Court of Appeal of Florida

Decided November 10, 1992No. 92-835PublishedCited by 1 opinion

1Per curiam

Because the appellant’s sole point on the merits presents only harmless error, State v. DiGuilio, 491 So.2d 1129 (Fla.1986), the convictions under review are affirmed. The cause is remanded for resentencing within the appropriate cell without including legal constraint points under Florida Rule of Criminal Procedure 3.701 d. 6. The fact that the defendant was on felony bond when the offenses were committed does not permit such an assessment. Brown v. State, 569 So.2d 1223 (Fla.1990); Mosely v. State, 543 So.2d 340 (Fla. 1st DCA 1989); Mize v. State, 495 So.2d 845 (Fla. 3d DCA 1986).

Affirmed…

2Cases cited3 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. Brown v. StateSupreme Court of Florida · 1990
  3. Mize v. StateDistrict Court of Appeal of Florida · 1986

3Cited by1 opinion

  1. Annunziata v. StateDistrict Court of Appeal of Florida · 1997

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