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Gibson v. State

District Court of Appeal of Florida, Fourth District
Aug 5, 1993
619 So. 2d 31 (Fla. Dist. Ct. App. 1993)

Summary

affirming appellant's sentence notwithstanding trial court's use of incorrect and erroneously calculated sentencing guidelines scoresheet, where trial court sentenced appellant pursuant to valid plea agreement

Summary of this case from Guion v. State

Opinion

No. 92-0597.

June 9, 1993. Rehearing Denied August 5, 1993.

Appeal from the Circuit Court for St. Lucie County; L.B. Vocelle, Judge.

Richard L. Jorandby, Public Defender, and Susan D. Cline, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Dawn S. Wynn, Asst. Atty. Gen., West Palm Beach, for appellee.


We affirm appellant's sentence as an adult. See § 812.13(2)(a), Fla. Stat. (1991); § 39.022(5)(c)3., Fla. Stat. (1991); Duke v. State, 541 So.2d 1170 (Fla. 1989); Ringel v. State, 352 So.2d 88 (Fla. 4th DCA 1977), adopted, 366 So.2d 758 (Fla. 1978). We also affirm appellant's sentence notwithstanding the trial court's use of an incorrect and erroneously calculated sentencing guidelines scoresheet. We reject the state's concession of error on this point because the trial court sentenced appellant pursuant to a valid plea agreement. See Gainer v. State, 590 So.2d 1001 (Fla. 1st DCA 1991).

AFFIRMED.

DELL and POLEN, JJ., and WALDEN, JAMES H., Senior Judge, concur.


Summaries of

Gibson v. State

District Court of Appeal of Florida, Fourth District
Aug 5, 1993
619 So. 2d 31 (Fla. Dist. Ct. App. 1993)

affirming appellant's sentence notwithstanding trial court's use of incorrect and erroneously calculated sentencing guidelines scoresheet, where trial court sentenced appellant pursuant to valid plea agreement

Summary of this case from Guion v. State

affirming appellant's sentence notwithstanding the trial court's use of an incorrect and erroneously calculated sentencing guidelines scoresheet because the trial court sentenced appellant pursuant to a valid plea agreement

Summary of this case from Awad v. State

affirming appellant's sentence notwithstanding trial court's use of incorrect and erroneously calculated sentencing guidelines score sheet, where trial cour sentenced appellant pursuant to valid plea agreement

Summary of this case from Ivy v. State
Case details for

Gibson v. State

Case Details

Full title:WILLIAM GIBSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Aug 5, 1993

Citations

619 So. 2d 31 (Fla. Dist. Ct. App. 1993)

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