NANCY MIRANDA, APPELLANT,

v.

HANCE CONSTRUCTION COMPANY, APPELLEE

Citator

Cited By (18 total)

• Lambert v. State, 545 So. 2d 838 (Fla. 1989)
  …pposed to the mere fact of violation) are more than a minor infraction and are sufficiently egregious, he is entitled to depart from the presumptive guidelines range and impose an appropriate sentence within the statutory limit.” [Pentaude v. State, 478 So. 2d 1147, 1149 (Fla. 1st DCA 1985)]. Rule 3.701 d.14 [Florida Rules of Criminal Procedure] merely recognizes that sentencing following revocation of probation is a serious matter, and so allows for a one cell departure without the necessity of any other rea…
• State v. Pentaude, 500 So. 2d 526 (Fla. 1987)
  …ADKINS, Justice. In sentencing Michael Allen 'Pentaude following the revocation of his probation, the trial court imposed a sentence in excess of that provided in the sentencing guidelines. The district court, in State v. Pentaude, 478 So. 2d 1147 (Fla. 1st DCA 1985), while reversing and remanding the sentence on other grounds, found the departure proper and certified the following question to this Court: Whether, under [Florida Rule of Criminal Procedure] 3.701(d)(14) a person found guilty…
• Tuthill v. State, 518 So. 2d 1300 (Fla. 3d DCA 1987)
  …minor infraction and are sufficiently egregious, [the trial court] is entitled to depart from the presumptive guidelines range and impose an appropriate sentence within the statutory limit.’ ” Pentaude, 500 So. 2d at 528 (quoting State v. Pentaude, 478 So. 2d 1147,1149 (Fla. 1st DCA 1985)). Pentaude delineates some of the factors which may constitute clear and convincing reasons for departure beyond the next cell: The trial judge has discretion to so depart based upon the character of the violation, the numb…

Authorities Cited

• Eoghan N. Kelley v. Sch. Bd. OF Seminole Cnty., 435 So. 2d 804 (Fla. 1983)