JAMES CLARIN GREGORY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Explore caselaw by topic → Browse Sentencing Guidelines Departure cases and more on FLexlaw
PER CURIAM.
We have for review Gregory v. State, 458 So. 2d 792 (Fla. 5th DCA 1984), which conflicts with decisions of other district courts of appeal and of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The Fifth District Court of Appeal affirmed the decision of the trial court on the authority of Hendrix v. State, 455 So. 2d 449 (Fla. 5th DCA 1984).
In Hendrix the Fifth District Court of Appeal held that a trial judge may base a decision to depart from the sentencing guidelines on a defendant’s prior criminal record, even where that same factor has been taken into account in determining the presumptive guidelines sentence. We quashed that decision in Hendrix v. State, 475 So. 2d 1218 (Fla.1985).
For the same reasons, we likewise quash the decision of the Fifth District Court of Appeal and remand with directions to further remand to the trial court for sentencing in accordance with the guidelines.
It is so ordered.
BOYD, C.J., and OVERTON, ALDERMAN, McDonald, EHRLICH and SHAW, JJ., concur. ADKINS, J., dissents with an opinion.
ADKINS, Justice,
dissenting.
I dissent for the same reasons which I expressed in Hendrix v. State, 475 So. 2d 1218 (Fla.1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
State v. Davis, 477 So. 2d 565 (Fla. 1985)…we held that, since prior convictions are already factored in as a part of the presumptive guidelines sentence, they may not be used as a clear and convincing reason for departure. See also Deer v. State, 476 So. 2d 163 (Fla.1985); Gregory v. State, 475 So. 2d 1221 (Fla.1985). Accordingly, we approve the decision of the district court. It is so ordered. BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.…
-
City OF Casselberry v. Orange Cnty. Police Benevolent Ass'n & Fla. Pub. Emps. Relations Comm'n, 482 So. 2d 336 (Fla. 1986)…. All that would be required is a mutual agreement to do so. In re AFSCME, Local 1363, 8 FPER ¶ 13,278 at 489, aff'd, 430 So. 2d 481 (Fla. 1st DCA 1983). See Palm Beach Junior College Board of Trustees v. United Faculty of Palm Beach Junior College, 475 So. 2d 1221 (Fla.1985). Therefore, the district court correctly concluded that section 447.-401 and article I, section 6 do not unconstitutionally infringe on the city’s civil service system. On the issue of whether the city committed an unfair labor practice,…1 / 2
-
State v. Williams, 477 So. 2d 570 (Fla. 1985)…we held that, since prior convictions are already factored in as a part of the presumptive guidelines sentence, they may not be used as a clear and convincing reason for departure. See also Deer v. State, 476 So. 2d 163 (Fla.1985); Gregory v. State, 475 So. 2d 1221 (Fla.1985). Accordingly, we approve the decision of the district court. It is so ordered. BOYD, C.J., and ADKINS, McDONALD, EHRLICH and SHAW, JJ., concur.…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Hendrix v. State, 455 So. 2d 449 (Fla. 5th DCA 1984)
- Gregory v. State, 458 So. 2d 792 (Fla. 5th DCA 1984)