Vanhorn v. State, 89-216

• Decision Date: 11 July 1989
• Docket Number: No. 89-216,89-216
• Citation: 14 Fla. L. Weekly 1655,545 So.2d 971
• Parties: 14 Fla. L. Weekly 1655 Timothy VANHORN, Appellant, v. The STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 971

545 So.2d 971

14 Fla. L. Weekly 1655

Timothy VANHORN, Appellant, v. The STATE of Florida, Appellee.

No. 89-216.

District Court of Appeal of Florida,

Third District.

July 11, 1989.

An Appeal from the Circuit Court of Monroe County; Richard J. Fowler, Judge.

Timothy Vanhorn, in pro. per.

Robert A. Butterworth, Atty. Gen., and Yvette Rhodes Prescott, Asst. Atty. Gen., for appellee.

Before HUBBART and BASKIN and LEVY, JJ.

PER CURIAM.

Upon the state's commendable concession that the sentences appealed from in this case are, in effect, invalid under this court's decision in Harrison v. State, 523 So.2d 726 (Fla. 3d DCA 1988) ¹, the sentences under review are therefore reversed, and the cause is remanded to the trial court with directions to resentence the defendant Timothy Vanhorn within the sentencing guidelines range of 5 1/2 to 7 years imprisonment.

REVERSED AND REMANDED.

1 The state, however, disagrees with Harrison and reserves the right to seek further review of the decision we reach herein. We certify that our decision is "in direct conflict with ... decision[s] of [ ] other district court[s] of appeal" in Brown v. State, 535 So.2d 332 (Fla. 1st DCA 1988); Dyer v. State, 534 So.2d 843 (Fla. 5th DCA 1988); and Waldron v. State, 529 So.2d 772 (Fla. 2d DCA 1988), so as to permit further review by the Florida Supreme Court pursuant to Article V, section 3(b)(4) of the Florida Constitution.