STATE OF FLORIDA, PETITIONER,

v.

COYE ELLIOTT BOYETT, RESPONDENT

Citator

Cited By

• State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
  …kson’s failure to comply with probation conditions. First, as the state concedes, it was firmly established subsequent to Jackson’s sentencing that he was entitled to be sentenced under the sentencing guidelines statutes and rules. State v. Boyett, 467 So. 2d 997 (Fla.1985). See also Duggar v. State, 446 So. 2d 222 (Fla. 1st DCA 1984). These statutes and rules clearly mandate that a trial judge state in writing reasons for any departure from the guidelines. Section 921.001(6), Florida Statutes (1983), provid…
• Dilar S. Booker v. State, 482 So. 2d 414 (Fla. 2d DCA 1985)
  …probation occurred before October 1, 1983, he had the option to select to be sentenced under the new sentencing guidelines upon revocation of his probation. § 921.001(4)(a), Fla.Stat. (1983); Boyett v. State, 452 So. 2d 958 (Fla.2d DCA 1984), aff'd, 467 So. 2d 997 (Fla.1985). Although it does not appear that the defendant selected the guidelines at the resentencing hearing, he clearly elected to be sentenced under the guidelines at the original hearing. Thus, we reject the defendant’s argument that because he…
• Burrell v. State, 483 So. 2d 479 (Fla. 2d DCA 1986)
  …6, 54 L.Ed.2d 166 (1977). Specifically included within the guidelines is the provision that defendants, even probation violators, whose crimes occurred before the effective date may nevertheless elect guideline treatment. See, e.g., State v. Boyett, 467 So. 2d 997 (Fla.1985). Presumably, these persons would not request guideline treatment and thereby forego parole eligibility, unless they perceived it would be to their advantage to do so. We have previously held that "loss of the parole privilege ... is not…

Authorities Cited

• Coye Elliott Boyett v. State, 452 So. 2d 958 (Fla. 2d DCA 1984)