Legal Opinion

Blair v. State

District Court of Appeal of Florida

Decided December 28, 2015No. 1D14-5468Published

1Opinion of the CourtBenton, J.

Delma McNally Blair appeals the sentence imposed after revocation of his probation, under the criminal punishment code, sections 921.0Ó2 to 921.0027, Florida Statutes (2013). The state concedes error, and we revérse and remand for resentenc-ing. “Sentences imposed after revocation of probation or community control must be imposed according to the sentencing law applicable at the time of the commission of the original offense.” Fla. R.Crim. P. 3.704(d)(30). The criminal punishment code applies only to felony offenses committed on or after October 1, 1998. See § 921.002, Fla. Stat. (2013).

In…

2Cases cited5 opinions

  1. Heggs v. StateSupreme Court of Florida · 2000
  2. Sanders v. StateSupreme Court of Florida · 2010
  3. Jonathan Somps v. State of FloridaDistrict Court of Appeal of Florida · 2015
  4. Yourn v. StateDistrict Court of Appeal of Florida · 1995
  5. Tyner v. StateDistrict Court of Appeal of Florida · 2014

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