STATE OF FLORIDA, PETITIONER,
v.
GEORGE W. BURCH, RESPONDENT
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SHAW, Justice.
We have jurisdiction under article V, section 3(b)(4), of the Florida Constitution to answer the following certified question of great public importance: WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT HAS RELIED ON ONE OR MORE IMPERMISSIBLE REASONS FOR DEPARTING FROM THE SENTENCING GUIDELINES, AND HAS ALSO RELIED ON ONE OR MORE PERMISSIBLE REASONS, MAY THE APPELLATE COURT APPLY THE HARMLESS ERROR RULE AND AFFIRM THE SENTENCE?
Burch v. State, 462 So. 2d 548, 549 (Fla. 1st DCA 1985). We have answered the certified question in Albritton v. State, 476 So. 2d 158 (Fla.1985). See also State v. Carney, 476 So. 2d 165 (Fla.1985) and State v. Young, 476 So. 2d 161 (Fla.1985). We approve the decision below.
It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, McDONALD and EHRLICH, JJ., concur.
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Citator
Cited By (14 total)
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Livingston v. State, 565 So. 2d 1288 (Fla. 1988)…rt’s conclusions regarding the failed past rehabilitation and the improbability of future rehabilitation, appear to be valid. See Williams v. State, 504 So. 2d 392 (Fla.1987); Burch v. State, 462 So. 2d 548 (Fla. 1st DCA), approved on other grounds, 476 So. 2d 663 (Fla.1985). Livingston argues that, because the trial court relied on invalid reasons in departing from the recommended sentence, he should be resentenced within the guidelines. In Albritton v. State, 476 So. 2d 158 (Fla.1985), we held that resente…
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Creed Martin Vanover v. State, 498 So. 2d 899 (Fla. 1986)…ce takes precedence.” The second reason is not clear and convincing, as it is “ambiguous and lacking in clarity for failure to relate to any identified fact in the context of this case.” Burch v. State, 462 So. 2d 548, 548 (Fla. 1st DCA), approved, 476 So. 2d 663 (Fla.1985), citing Alford v. State, 460 So. 2d 1000 (Fla. 1st DCA 1984). Far from producing in the mind of a reviewing judge “a firm belief or conviction, without hesitancy, that departure is warranted,” State v. Misckler, 488 So. 2d 523, 525 (Fla.1…
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Wilson v. State, 490 So. 2d 1360 (Fla. 5th DCA 1986)…81 So. 2d 1271 (Fla. 5th DCA 1986). The departure sentence is vacated and the cause remanded for resentencing. SENTENCE VACATED; CAUSE REMANDED. COBB, C.J., and ORFINGER, J., concur. . See Burch v. State, 462 So. 2d 548 (Fla. 1st DCA), approved, 476 So. 2d 663 (Fla.1985). See also Moore v. State, 483 So. 2d 37 (Fla. 1st DCA 1986); Smith v. State, 479 So. 2d 804 (Fla. 1st DCA 1985); Scurry v. State, 472 So. 2d 779 (Fla. 1st DCA 1985); Williams v. State, 471 So. 2d 630 (Fla. 1st DCA 1985); Alford v. State,…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- State v. Carney, 476 So. 2d 165 (Fla. 1985)
- State v. Enmund, 476 So. 2d 165 (Fla. 1985)
- State v. Young, 476 So. 2d 161 (Fla. 1985)
- Burch v. State, 462 So. 2d 548 (Fla. 1st DCA 1985)