IN THE INTEREST OF B.B., A CHILD

Citator

Cited By

• Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984)
  …ires only that appellant “affirmatively selects” to be sentenced pursuant to the rule, see § 921.001(4)(a), Florida Statutes, and such affirmative selection does not require any advisement by the court as to parole ineligibility. See Jones v. State, 459 So. 2d 1151 (Fla. 1st DCA 1984); Coates v. State, 458 So. 2d 1219 (Fla. 1st DCA 1984); Moore v. State, 455 So. 2d 535 (Fla. 1st DCA 1984). In imposing a sentence outside the presumptive guideline range the court noted appellant’s “utter disregard for the prope…
• Brown v. State, 464 So. 2d 193 (Fla. 1st DCA 1985)
  …the guidelines without the court having determined that he knowingly and intelligently waived his right to parole when he elected application of the guidelines. This issue has been addressed in several recent decisions of this court. Jones v. State, 459 So. 2d 1151 (Fla. 1st DCA 1984); Coates v. State, 458 So. 2d 1219 (Fla. 1st DCA 1984); Moore v. State, 455 So. 2d 535 (Fla. 1st DCA 1984); Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984). In each of these cases, it was held that if a defendant “affirmativel…
• Patterson v. State, 462 So. 2d 33 (Fla. 1st DCA 1984)
  …So. 2d 64 (Fla. 1st DCA 1984) (in the absence of a defendant’s affirmative selection of guideline sentencing, she must be sentenced in accordance with the procedure in effect prior to the adoption of sentencing guidelines). Contrast Jones v. State, 459 So. 2d 1151 (Fla. 1st DCA 1984) (defendant clearly selected guideline sentencing, notwithstanding the failure of the record to disclose that in making such selection, defendant was aware she was waiving her right to consideration for parole). The two sentence…

Authorities Cited

• B. A. A. v. State, 356 So. 2d 304 (Fla. 1978)
• Patmore v. State, 383 So. 2d 309 (Fla. 2d DCA 1980)