Legal Opinion

Gilmore v. State

District Court of Appeal of Florida

Decided July 8, 2011No. 2D10-713Published

1Opinion of the Court

KHOUZAM, Judge.

Terry Gilmore appeals after being re-sentenced to the same upward departure sentence he originally received in 1984— life in prison for five armed robbery convictions. We reverse and remand for the trial court to resentence Gilmore within the 1988 sentencing guidelines using a corrected scoresheet.

On December 11, 1984, a jury found Gilmore and his codefendant, Lawrence Logan, guilty on five counts of armed robbery. The offenses occurred on March 17, 1984. Gilmore and Logan were both given upward departure sentences of life in prison on December 11, 1984. This court affirmed…

2Cases cited7 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Galindez v. StateSupreme Court of Florida · 2007
  4. State v. FlemingSupreme Court of Florida · 2011
  5. Florida Rules of Criminal Procedure re Sentencing Guidelines (Rules 3.701 & 3.988)Supreme Court of Florida · 1987

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API