MANGLE MOSLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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WENTWORTH, Judge.
Appellant challenges a sentence imposed for the offense of trafficking in cocaine. In imposing this sentence pursuant to the Fla.R.Crim.P. 3.701 sentencing guidelines, the court assessed points in the guidelines computation for “legal constraint” at the time of the offense. The record establishes that appellant had been released on a cash appearance bond prior to this offense. It was indicated that the bond was subsequently forfeited, but the record does not show when or for what reason it was forfeited. Pretrial bail-bond release does not constitute “legal constraint” under Fla.R.Crim.P. 3.701 d.6. See Jones v. State, 520 So. 2d 672 (Fla. 5th DCA 1988); Mize v. State, 495 So. 2d 845 (Fla. 3d DCA 1986); see also, Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987), aff'd, 526 So. 2d 682 (Fla.1988).
The points assessed for legal constraint altered appellant’s recommended sentencing range. The sentence is therefore vacated and the cause remanded for resentencing.
ERVIN and BOOTH, JJ., concur.
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Carmine Annunziata v. State, 697 So. 2d 997 (Fla. 5th DCA 1997)…ints were not assessed against offenders merely because they were released on bond when they committed their offenses. Browning v. State, 625 So. 2d 960, 961 (Fla. 5th DCA 1993); Fox v. State, 608 So. 2d 132, 132 (Fla. 3d DCA 1992); Mosley v. State, 543 So. 2d 340, 340 (Fla. 1st DCA 1989); Jones v. State, 520 So. 2d 672, 673 (Fla. 5th DCA 1988); Mize v. State, 495 So. 2d 845, 846 (Fla. 3d DCA 1986). Generally, the definition of “legal status” under construction in those cases read as follows: Offenders on pa…
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Monson v. State, 627 So. 2d 1301 (Fla. 1st DCA 1993)…ssion charge from the charge of possession of cocaine. “Although the granting of a motion to sever is discretionary, if one of the several charges to be tried is convicted felon in possession of a firearm, severance should be granted.” Fox v. State, 543 So. 2d 340, 341 (Fla. 1st DCA 1989). Accord Vazquez v. State, 419 So. 2d 1088 (Fla.1982); Thomas v. State, 440 So. 2d 581 (Fla.1983); Craft v. State, 441 So. 2d 704 (Fla. 2d DCA 1983); Riley v. State, 434 So. 2d 3 (Fla. 3d DCA 1983); Smith v. State, 434 So. 2d…
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Sigaray v. State, 549 So. 2d 1136 (Fla. 3d DCA 1989)…error did not affect the verdict or else reversal is required. Id. at 1139. Weighing the permissible evidence of overwhelming guilt against the impermissible evidence conveyed to the jury, we readily hold the error to be harmless. See Fox v. State, 543 So. 2d 340 (Fla. 1st DCA 1989). Affirmed. . After State v. Singletary, 549 So. 2d 996 (Fla. 1989), the trial judge’s presence during jury selection cannot be waived by anyone, including the defendant. Singletary does not retroactively apply to the case at ha…
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- State v. Jaggers, 526 So. 2d 682 (Fla. 1988)
- Jaggers v. State, 509 So. 2d 1165 (Fla. 1st DCA 1987)
- Stooksbury v. State, 495 So. 2d 845 (Fla. 3d DCA 1986)
- Mize v. State, 495 So. 2d 845 (Fla. 3d DCA 1986)
- Jones v. State, 520 So. 2d 672 (Fla. 5th DCA 1988)