Johnson v. Singletary, 708 So. 2d 321 (Fla. 3d DCA 1998). · Go Syfert
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Johnson v. Singletary, 708 So. 2d 321 (Fla. 3d DCA 1998). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Cantres v. State (fladistctapp, 1998-04-22)
Top citers, strongest first. 1 distinct citer. How cited ↗
cited Cited "see" Cantres v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Bryant v. State, 708 So.2d 321 (Fla. 3d DCA 1998); State v. DiGuilio, 491 So.2d 1129 (Fla.1986); Salter v. State, 382 So.2d 892 (Fla. 4th DCA 1980).
Retrieving the full opinion text from the archive…
Charles JOHNSON
v.
Harry K. SINGLETARY, Jr., as Secretary, Department of Corrections, State of Florida, and The State of Florida
No. 97-3284.
District Court of Appeal of Florida, Third District.
Mar 18, 1998.
708 So. 2d 321
Bennett H. Brummer, Public Defender, and Louis Campbell, Assistant Public Defender, for petitioner., Robert A Butterworth, Attorney General, and Maya Saxena, Assistant Attorney General, for respondents.
Cope, Goderich, Jorgenson.
Published
PER CURIAM.

The petitioner, Charles Johnson, seeks a writ of habeas corpus based on ineffective assistance of appellate counsel. We grant the petition and remand for resentencing within the guidelines.

In the instant ease, although the petitioner’s trial counsel correctly argued that a departure from the sentencing guidelines cannot be based on prior offenses for which no conviction was obtained, the trial court nonetheless entered a departure sentence. See State v. Tyner, 506 So.2d 405, 406 (Fla.1987). Because the petitioner’s appellate counsel failed to raise this issue on appeal, we agree with the petitioner that he was denied effective assistance of appellate counsel. Accordingly, we grant the petition and remand for resentencing within the guidelines.

Petition granted; remanded for resentenc-ing.