Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Gilbert v. State
Citations: 706 So. 2d 135; 1998 Fla. App. LEXIS 2127; 1998 WL 88275Docket: No. 97-1203
Court: District Court of Appeal of Florida; March 3, 1998; Florida; State Appellate Court
The trial judge imposed a departure sentence after resentencing under the 1994 guidelines, citing heightened premeditation and the victim's vulnerability due to age as grounds for departure. However, the appellate court found insufficient evidence to support these grounds, referencing precedents from Marcott v. State and Green v. State. Consequently, the court reversed the sentence and remanded the case with instructions to impose a guidelines sentence.