Larson v. State, 700 So. 2d 388 (Fla. 1st DCA 1997). · Go Syfert
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Larson v. State, 700 So. 2d 388 (Fla. 1st DCA 1997). Cases Citing This Book View Copy Cite
5 citation events across 1 distinct court.
Strongest positive: Martin v. State (fladistctapp, 1999-04-13)
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited "see" Martin v. State
Fla. Dist. Ct. App. · 1999 · signal: see · confidence high
See Odum v. State, 700 So.2d 388 (Fla. 1st DCA 1997); Brown v. State, 689 So.2d 1287 (Fla. 1st DCA 1997).
cited Cited "see" Jett v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Larson v. State, 700 So.2d 388 (Fla. 1st DCA 1997).
cited Cited "see" Kopko v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Larson v. State, 700 So.2d 388 (Fla. 1st DCA 1997); Medberry v. *161 State, 699 So.2d 857, 858, n. 1 (Fla. 5th DCA 1997).
discussed Cited "see" Howard v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Larson v. State, 700 So.2d 388 (Fla. 1st DCA 1997); Johnson v. State, 697 So.2d 1245 (Fla. 1st DCA 1997); Middleton v. State, 689 So.2d 304 (Fla. 1st DCA 1997); Chojnowski v. State, 705 So.2d 915 (Fla. 2d DCA 1997); sec. 924.051(3), Fla. Stat. (Supp.1996). [1] In order to challenge a failure to award jail or prison credit, a defendant must either object at the sentencing hearing or file a rule 3.800(b) motion within thirty days of sentencing. [2] We also reject appellant's constitutional attacks on section 924.051(3).
Retrieving the full opinion text from the archive…
Richard Dewey LARSON a/k/a Duane Hatnenn, Appellant,
v.
STATE of Florida, Appellee.
95-4435.
District Court of Appeal of Florida, First District.
Jul 29, 1997.
700 So. 2d 388
Padovano.
Cited by 3 opinions  |  Published

Spiro T. Kypreos, Pensacola, for Appellant.

Robert A. Butterworth, Attorney General, Daniel A. David, Assistant Attorney General, Tallahassee, for Appellee.

PADOVANO, Judge.

Richard Dewey Larson, the defendant, appeals his conviction of manslaughter with a weapon and his departure sentence of fifteen years in the Department of Corrections. We find no error in the conviction but we must remand the case for resentencing because the trial court did not make contemporaneous written findings in support of the departure sentence. Ree v. State, 565 So.2d 1329 (Fla.1990); State v. Colbert, 660 So.2d 701 (Fla.1995). On remand, the trial court must impose a guideline sentence. Pope v. State, 561 So.2d 554 (Fla.1990). We reject the state's argument that this issue was not preserved for review. The sentence was imposed before July 1, 1996, the effective date of section 924.051, Florida Statutes, at a time when an unpreserved sentencing error could be raised on appeal if the error was apparent from the face of the record.

Affirmed in part and reversed in part.

MINER and LAWRENCE, JJ., concur.