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Wood v. State

District Court of Appeal of Florida, Fifth District
May 26, 1995
655 So. 2d 212 (Fla. Dist. Ct. App. 1995)

Summary

utilizing 1994 scoresheet for new substantive offense and 1993 scoresheet for prior forgery offense where probation had been revoked

Summary of this case from Crenshaw v. State

Opinion

No. 94-1413.

May 26, 1995.

Appeal from the Circuit Court for St. Johns County; Richard O. Watson, Judge.

James B. Gibson, Public Defender, and Dan D. Hallenberg, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Wesley Heidt, Asst. Atty. Gen., Daytona Beach, for appellee.


ON MOTION FOR REHEARING


The state and counsel for the appellant have filed motions for rehearing in which both agree section 921.001(4)(b), relied upon by this court in our opinion which issued in this case, was amended effective November 24, 1993, to delete the provision giving a defendant the option to elect to be sentenced pursuant to the 1994 guidelines. We acknowledge the candor and professionalism of both counsel for bringing this to the attention of this court.

Accordingly, we withdraw our prior opinion issued in this case, and in its place simply affirm the trial court.

Rehearing GRANTED; Prior Opinion WITHDRAWN; AFFIRMED.

HARRIS, C.J., and GRIFFIN, J., concur.


Summaries of

Wood v. State

District Court of Appeal of Florida, Fifth District
May 26, 1995
655 So. 2d 212 (Fla. Dist. Ct. App. 1995)

utilizing 1994 scoresheet for new substantive offense and 1993 scoresheet for prior forgery offense where probation had been revoked

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

Wood v. State

Case Details

Full title:KATHY WOOD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fifth District

Date published: May 26, 1995

Citations

655 So. 2d 212 (Fla. Dist. Ct. App. 1995)

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