BUCHMANN v. STATE

No. 4D19-2904.

295 So.3d 813 (2020)

Ryan Christopher BUCHMANN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

April 29, 2020.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Mara C. Herbert , Assistant Public Defender, West Palm Beach, for appellant.

Ashley Moody , Attorney General, Tallahassee, and Marc B. Hernandez , Assistant Attorney General, West Palm Beach, for appellee.


The remedy for application of an unconstitutional statute is the subject of this appeal. The defendant appeals his prison sentence imposed on a violation of probation. He argues the trial court erred in employing statutory revival to justify his prison sentence under section 775.082(10), Florida Statutes (2018). We agree and reverse.

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