Phaneuf v. State
| Decision Date | 08 March 1990 |
| Docket Number | No. 89-66,89-66 |
| Citation | 557 So.2d 685 |
| Court | Florida District Court of Appeals |
| Parties | 15 Fla. L. Weekly D651 Wallace Edward PHANEUF, Appellant, v. STATE of Florida, Appellee. |
Appeal from the Circuit Court for Volusia County; John W. Watson, III, Judge.
James B. Gibson, Public Defender, and Barbara L. Condon, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for appellee.
This is an appeal from a guideline departure sentence. The reasons given for departure were based on probation violations and are invalid. Lambert v. State, 545 So.2d 838 (Fla.1989); Ree v. State, 14 F.L.W. 565, --- So.2d ---- (Fla. Nov. 16, 1989). Accordingly, the defendant's sentence is vacated and the cause remanded for resentencing within the guidelines.
Sentence VACATED; case REMANDED for resentencing.
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...DCA 1990); Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson v. State, 556 So.2d 813 (Fla. 5th DCA 1990); Maddox v. State......
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...Watson v. State, 558 So.2d 1038 (Fla. 5th DCA 1990); Ricketson v. State, 558 So.2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So.2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So.2d 667 (Fla. 5th DCA 1990); Jackson, supra; Maddox, supra; Teer v. State, 557 So.2d 910 (Fla. 1st DCA 1990)......
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