KIMSEY v. STATE

No. 84-1010.

467 So.2d 333 (1985)

William A. KIMSEY, a/k/a William Kinsey, a/k/a William Cline, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 15, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


DANAHY, Judge.

In this sentencing guidelines case, appellant contends that the trial court erred in sentencing him under the guidelines, Florida Rule of Criminal Procedure 3.701. We agree.

The underlying offense in this case, possession of a firearm by a felon, was committed on July 10, 1983. Section 921.001(4)(a), Florida Statutes (1983), provides that the sentencing guidelines may be applied to crimes when the offense occurred prior to October 1, 1983, only...

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