Skip to main content
Find a Lawyer

ODOM v. STATE (1997)

District Court of Appeal of Florida,First District.

Gary Lee ODOM, Appellant, v. STATE of Florida, Appellee.

No. 96-1334.

Decided: February 28, 1997

Nancy A. Daniels, Public Defender;  P. Douglas Brinkmeyer, Assistant Public Defender, Tallahassee, for Appellant. Robert A. Butterworth, Attorney General;  Giselle Lylen Rivera, Assistant Attorney General, Tallahassee, for Appellee.

Appellant, found guilty of felony driving under the influence of alcohol, (sections 316.193(1) and 316.193(2)(b), Florida Statutes) appeals the trial court's departure sentence of five years in state prison, which was based upon previous DUI convictions.   As those convictions were reflected in the guidelines scoresheet and were factors already weighed in establishing the presumptive guideline sentence, we reverse and remand for resentencing within the guidelines range.  Hendrix v. State, 475 So.2d 1218 (Fla.1985).

PER CURIAM.

MINER, ALLEN and MICKLE, JJ., concur.

Was this helpful?

Thank you for your feedback!

FindLaw Marketing Authority Suite

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network

ODOM v. STATE (1997)

Docket No: No. 96-1334.

Decided: February 28, 1997

Court: District Court of Appeal of Florida,First District.

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

For Legal Professionals

Get a profile on the #1 online legal directory

Harness the power of our directory with your own profile. Select the button below to sign up.

Sign Up

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About The Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard