DONALD WADE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD WADE, APPELLANT,
STATE OF FLORIDA, APPELLEE
466 So. 2d 1086
Florida District Court of Appeal, First District (1985)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
BOOTH and SHIVERS, JJ., and TILLMAN PEARSON (Ret.), Associate Judge, concur.
Other
PER CURIAM.
Appellant’s Motion for Rehearing is denied. However, we hereby certify as a matter of great public importance the same question certified in Young v. State, 455 So. 2d 551 (Fla. 1st DCA 1984); Carney v. State, 458 So. 2d 13 (Fla. 1st DCA 1984); Brooks v. State, 456 So. 2d 1305 (Fla. 1st DCA 1984); and Burch v. State, 462 So. 2d 548, (Fla. 1st DCA 1985):
WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT RELIED UPON A REASON OR REASONS THAT ARE IMPERMISSIBLE UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.701 IN MAKING ITS DECISION TO DEPART FROM THE SENTENCING GUIDELINES, SHOULD THE APPELLATE COURT EXAMINE THE OTHER REASONS GIVEN BY THE SENTENCING COURT TO DETERMINE IF THOSE REASONS JUSTIFY DEPARTURE FROM THE GUIDELINES OR SHOULD THE CASE BE REMANDED FOR A RESENTENC-ING?
BOOTH and SHIVERS, JJ., and TILLMAN PEARSON (Ret.), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wade v. State, 482 So. 2d 346 (Fla. 1986)…OVERTON, Justice. In Wade v. State, 466 So. 2d 1086 (Fla. 1st DCA 1985), the district court certified the following question: When an appellate court finds that a sentencing court relied upon a reason or reasons that are impermissible under Florida Rule of Criminal Procedure 3.701 in making its dec…
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Perry v. State, 469 So. 2d 940 (Fla. 4th DCA 1985)…present a situation involving ineffective assistance of counsel. The trial court did not furnish this court with any record which would support the order of denial. We remand for it to do so or to conduct an evidentiary hearing. See Hovey v. State, 466 So. 2d 1086 (Fla. 4th DCA 1985); Owens v. State, 463 So. 2d 408 (Fla. 3rd DCA 1985). DOWNEY, HERSEY and GLICKSTEIN, JJ., concur.…
Authorities Cited
- Burch v. State, 462 So. 2d 548 (Fla. 1st DCA 1985)
- Carney v. State, 458 So. 2d 13 (Fla. 1st DCA 1984)
- Young v. State, 455 So. 2d 551 (Fla. 1st DCA 1984)
- Brooks v. State, 456 So. 2d 1305 (Fla. 1st DCA 1984)