From Casetext: Smarter Legal Research

Watts v. State

District Court of Appeal of Florida, Second District
Jun 19, 1991
580 So. 2d 899 (Fla. Dist. Ct. App. 1991)

Opinion

No. 89-03308.

June 19, 1991.

Appeal from the Circuit Court for Polk County; Dennis P. Maloney, Judge.

James Marion Moorman, Public Defender, and Stephen Krosschell, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for appellee.


The appellant correctly contends that the trial court erred by applying the permitted guidelines sentencing range when sentencing for an offense that occurred before the permitted ranges came into effect. Washington v. State, 564 So.2d 168 (Fla. 5th DCA 1990). Accordingly, we affirm the appellant's conviction for second degree murder but vacate the sentence. Upon remand, the court may consider imposing a departure sentence. See Fernandez v. State, 564 So.2d 272 (Fla. 2d DCA 1990).

SCHOONOVER, C.J., and RYDER and CAMPBELL, JJ., concur.


Summaries of

Watts v. State

District Court of Appeal of Florida, Second District
Jun 19, 1991
580 So. 2d 899 (Fla. Dist. Ct. App. 1991)
Case details for

Watts v. State

Case Details

Full title:JULIAN WATTS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Jun 19, 1991

Citations

580 So. 2d 899 (Fla. Dist. Ct. App. 1991)

Citing Cases

Tucker v. State

Because the battery was committed on December 7, 1987, before the effective date of the amendment to the…

Strickland v. State

Brady v. State, 587 So.2d 617 (Fla. 2d DCA 1991). Because the appellant's offenses were committed before July…