JESSIE M. KEENE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JESSIE M. KEENE, APPELLANT,
STATE OF FLORIDA, APPELLEE
474 So. 2d 1199
Florida District Court of Appeal, First District (1985)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. 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).
We certify to the Florida Supreme Court the following question as one of great public importance:
WHETHER A DEFENDANT’S CONSTITUTIONAL RIGHT OF PROTECTION AGAINST EX POST FACTO LAWS IS VIOLATED WHEN HE AFFIRMATIVELY SELECTS, PURSUANT TO SECTION 921.001(4)(a), FLORIDA STATUTES (1983), TO BE SENTENCED PURSUANT TO THE GUIDELINES BUT THERE IS NO SHOWING IN THE RECORD THAT THE COURT EXPLAINED THAT BY SELECTING GUIDELINES SENTENCING THE DEFENDANT WAIVES HIS ELIGIBILITY FOR PAROLE.
ERVIN, C.J., and MILLS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Adams v. Barton, 507 So. 2d 665 (Fla. 1st DCA 1987)…An IOP must be based upon an agency policy, preferably policy set by a properly promulgated rule, that provides the “specificity required to constitute a sufficiently narrow basis” for issuance of the IOP. Department of Corrections v. Pic-cirillo, 474 So. 2d 1199, 1201 (Fla. 1st DCA 1985) (on rehearing); Department of Corrections v. Adams, 458 So. 2d at 356-57. Adams complains that the trial court did not consider this basis for challenge to the IOP. But this issue was not properly before the trial court. Su…
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Harris v. Dep't OF Corr., 499 So. 2d 9 (Fla. 1st DCA 1986)…ctions pursuant to legislatively delegated authority. See also, Adams v. Department of Corrections, 469 So. 2d 164 (Fla. 1st DCA 1985); Cribbs v. Department of Corrections, 470 So. 2d 757 (Fla. 1st DCA 1985); Department of Corrections v. Piccirillo, 474 So. 2d 1199 (Fla. 1st DCA 1985). Harris’ argument that inmates are being disciplined pursuant to rules in the Handbook that are outdated may in fact be a valid complaint. However, his remedy does not lie in a Chapter 120 proceeding. Rather, any disagreement H…
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Hendrix v. Fla. Dep't OF Corr., 574 So. 2d 195 (Fla. 1st DCA 1991)…ce procedure already available; or (2) to challenge either the rule or directive upon which the institutional level regulations were based, pursuant to the rule-making requirements of Chapter 120. See Florida Department of Corrections v. Piccirillo, 474 So. 2d 1199 (Fla. 1st DCA 1985). See also Florida Department of Corrections v. Holland, 469 So. 2d 166 (Fla. 1st DCA 1985); Adams v. Florida Department of Corrections, 469 So. 2d 164 (Fla. 1st DCA 1985); Cribbs v. Florida Department of Corrections, 470 So. 2d 7…
Authorities Cited
- Moore v. State, 455 So. 2d 535 (Fla. 1st DCA 1984)
- Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984)
- William "Doc" Coates v. State, 458 So. 2d 1219 (Fla. 1st DCA 1984)
- In the Interest of B.B., 459 So. 2d 1151 (Fla. 4th DCA 1984)