Mosley v. State, 88-850

• Decision Date: 10 May 1989
• Docket Number: No. 88-850,88-850
• Citation: 14 Fla. L. Weekly 1160,543 So.2d 340
• Parties: 14 Fla. L. Weekly 1160 Mangle MOSLEY, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 340

543 So.2d 340

14 Fla. L. Weekly 1160

Mangle MOSLEY, Appellant, v. STATE of Florida, Appellee.

No. 88-850.

District Court of Appeal of Florida, First District.

May 10, 1989.

Michael E. Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., William A. Hatch, Asst. Atty. Gen., for appellee.

WENTWORTH, Judge.

Appellant challenges a sentence imposed for the offense of trafficking in cocaine. In imposing this sentence pursuant to the Fla.R.Crim.P. 3.701 sentencing guidelines, the court assessed points in the guidelines computation for "legal constraint" at the time of the offense. The record establishes that appellant had been released on a cash appearance bond prior to this offense. It was indicated that the bond was subsequently forfeited, but the record does not show when or for what reason it was forfeited. Pretrial bail-bond release does not constitute "legal constraint" under Fla.R.Crim.P. 3.701 d.6. See Jones v. State, 520 So.2d 672 (Fla. 5th DCA 1988); Mize v. State, 495 So.2d 845 (Fla. 3d DCA 1986); see also, Jaggers v. State, 509 So.2d 1165 (Fla. 1st DCA 1987), aff'd, 526 So.2d 682 (Fla.1988).

The points assessed for legal constraint altered appellant's recommended sentencing range. The sentence is therefore vacated and the cause remanded for resentencing.

ERVIN and BOOTH, JJ., concur.