HERBERT HARDINGHAUS, APPELLANT,

v.

GEORGE C. ENSLEN, APPELLEE

Citator

Cited By (15 total)

• Bradley v. State, 480 So. 2d 647 (Fla. 2d DCA 1985)
  …sed. We disagree. Sentencing errors may be reviewed on appeal, even in the absence of a contemporaneous objection, if the errors are apparent and determinable from the record on appeal. See State v. Rhoden, 448 So. 2d 1013 (Fla.1984); Hart v. State, 464 So. 2d 592 (Fla. 2d DCA 1985); Ramsey v. State, 462 So. 2d 875 (Fla. 2d DCA 1985); Myrick v. State, 461 So. 2d 1359 (Fla. 2d DCA 1984). In the case before us, the scoring inaccuracies are readily determinable from the record. See Parker v. State, 478 So. 2d 82…
• Cannada v. State, 472 So. 2d 1296 (Fla. 2d DCA 1985)
  …3). The record reflects that, although all parties assumed the guidelines applied, Canna-da never clearly and unequivocally selected them. The trial judge erred in imposing a guidelines sentence absent Cannada’s affirmative selection. Hart v. State, 464 So. 2d 592 (Fla. 2d DCA 1985); Jordan v. State, 460 So. 2d 477 (Fla. 2d DCA 1984); Rodriguez v. State, 458 So. 2d 899 (Fla. 2d DCA 1984). Although it is not necessary for us to now decide this issue, we have grave doubts about the validity of any of the reaso…
• Kimsey v. State, 467 So. 2d 333 (Fla. 2d DCA 1985)
  …mstances, we have repeatedly held that mere silence by the defendant at sentencing cannot meet the requirement of an affirmative selection as “there must be a clear and unequivocal choice made on the record.” Jordan at 478. See Hart v. [*334] State, 464 So. 2d 592 (Fla. 2d DCA 1985); Rodriguez v. State, 458 So. 2d 899 (Fla. 2d DCA 1984); Harrington v. State, 455 So. 2d 1317 (Fla. 2d DCA 1984). At the sentencing hearing defense counsel and the trial judge discussed the use of the guidelines, defendant’s recomm…

Authorities Cited

• City OF S. Miami v. Dembinsky, 423 So. 2d 988 (Fla. 3d DCA 1982)