STATE OF FLORIDA, PETITIONER,
v.
NATAL EL-RA-SUL, RESPONDENT

Fla. | 1985-06-27
No. 66133
BOYD, C.J., and OVERTON, ALDERMAN, McDonald and SHAW, JJ., concur., ADKINS, J., dissents.
472 So. 2d 466 Florida Supreme Court (1985) Positive Treatment
Cited by 6 cases

Opinion of the Court
EHRLICH, Justice.

EHRLICH, Justice.

This cause is before the Court pursuant to the jurisdictional grant in article V, section 3(b)(4), Florida Constitution, on the certified question of great public importance we answered in State v. Phillips, 463 So. 2d 1136 (Fla.1985).

The decision of the district court, 456 So. 2d 1244, is quashed and the order of the trial court is reinstated.

It is so ordered.

BOYD, C.J., and OVERTON, ALDERMAN, McDonald and SHAW, JJ., concur. ADKINS, J., dissents.


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  • Ward v. State, 492 So. 2d 472 (Fla. 3d DCA 1986)
    …PER CURIAM. Affirmed. Albritton v. State, 476 So. 2d 158 (Fla.1985); Hannah v. State, 480 So. 2d 718 (Fla. 4th DCA 1986); Russell v. State, 458 So. 2d 422 (Fla. 2d DCA 1984), approved, 472 So. 2d 466 (Fla.1985); McKee v. State, 450 So. 2d 563 (Fla. 3d DCA 1984).…
  • Colbert v. State, 518 So. 2d 448 (Fla. 2d DCA 1988)
    …on the two robberies in excess of four under the additional offense category. That was a proper basis for departure because those two robberies had not been factored into the scoresheet. Russell v. State, 458 So. 2d 422 (Fla. 2d DCA 1984), approved, 472 So. 2d 466 (Fla.1985). But thereafter Florida Rule of Criminal Procedure 3.988 was revised so that, through the use of a table, additional points should be factored into the scoresheet for every conviction “[a]bove 4,” the effect being that no longer would the…
  • FOX v. State, 554 So. 2d 627 (Fla. 4th DCA 1989)
    …e trial court for departure, we conclude that only the first is valid; namely, the eight second-degree felonies and seventy-seven third-degree felonies not scored' on the scoresheet. See Russell v. State, 458 So. 2d 422 (Fla. 2d DCA 1984), approved, 472 So. 2d 466 (Fla.1985). We further conclude that the fifty-year sentence was an abuse of discretion, and note that we have previously rejected sentences six times the recommended score in Campos v. State, 515 So. 2d 1358 (Fla. 4th DCA 1987), and five [*629] ti…

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