JUAN HERNANDEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JUAN HERNANDEZ, APPELLANT,
STATE OF FLORIDA, APPELLEE
457 So. 2d 1155
Florida District Court of Appeal, Second District (1984)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We disagree with the appellant’s two contentions.
There was sufficient evidence to support the order of the trial judge finding that the appellant violated conditions of his probation. Furthermore, it was proper for the trial judge to depart from the sentencing guidelines using the violation of probation by the appellant as the basis for doing so. Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984).
AFFIRMED.
BOARDMAN, A.C.J., and DANAHY and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Townsend v. State, 458 So. 2d 856 (Fla. 2d DCA 1984)…olation of a substantive condition of probation can serve as a reason for a trial court to exceed the presumptive sentence range established in the guidelines, provided Florida Rule of Criminal Procedure 3.701(d)(ll) is followed. Hernandez v. State, 457 So. 2d 1155 (Fla. 2d DCA 1984); Tackett v. State, 458 So. 2d 368 (Fla. 2d DCA 1984); Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984). See also Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984) (probation violations for possession of marijuana and driving wh…
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Hall v. State, 478 So. 2d 385 (Fla. 2d DCA 1985)…cted that a written order be prepared emphasizing defendant made “two sales while on probation for a sale.” Furthermore, the state notes that the violation of a substantive condition of probation is a proper reason for departure. Hernandez v. State, 457 So. 2d 1155 (Fla. 2d DCA 1984); Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984); Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984). Consequently, the state asserts that the impermissible reason did not affect the departure sentence. We agree with the state…
Authorities Cited
- Glynn Addison, Jr. v. State, 452 So. 2d 955 (Fla. 2d DCA 1984)