HICKS v. STATE

No. 90-438.

577 So.2d 712 (1991)

Curtis HICKS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 11, 1991.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Glen P. Gifford, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and David G. Mersch, Asst. Atty. Gen., Daytona Beach, for appellee.


PETERSON, Judge.

The trial court sentenced appellant to two concurrent 27-year prison terms on the presumption that the sentence was within the guidelines range after being erroneously informed by the state at the sentencing hearing that the term conformed with a guideline sentence. No objection was made by the defendant at the hearing although the sentence exceeded the maximum guideline range by ten years.

Because the trial court did not realize it was imposing...

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