FRANK CARL DEVANE AND JAMES WILLIAM DEVANE, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
FRANK CARL DEVANE AND JAMES WILLIAM DEVANE, APPELLANTS,
STATE OF FLORIDA, APPELLEE
479 So. 2d 137
Florida District Court of Appeal, Fifth District (1985)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
COBB, C.J., and ORFINGER and CO-WART, JJ., concur.
Other
COBB, Chief Judge.
We grant rehearing, vacate the sentence imposed in this case and remand for resentencing. See Albritton v. State, 476 So. 2d 158 (Fla.1985). If departure from the guidelines is again considered, these recent cases may be relevant: Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Weems v. State, 469 So. 2d 128 (Fla.1985); Johnson v. State, 477 So. 2d 56 (Fla. 5th DCA 1985).
ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986)…CA 1985); State v. Collins, 482 So. 2d 388 (Fla. 5th DCA 1985), in this case it is combined with an impermissible reason so the sentence must be vacated for the reasons set forth in Albritton v. State, 476 So. 2d 158 (Fla.1985). See DeVane v. State, 479 So. 2d 137 (Fla. 5th DCA 1985); Cord v. State, 478 So. 2d 1191 (Fla. 5th DCA 1985); Hall v. State, 78 So. 2d 519 (Fla. 5th DCA 1985); Shelton v. State, 478 So. 2d 433 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985); Bentley v. St…
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Keen v. State, 481 So. 2d 1274 (Fla. 5th DCA 1986)…did, and the Supreme Court disapproved, in Hendrix. This case is legally indistinguishable from the following post-Hendrix/Albritton cases from this court reversing departure sentences based on the defendant’s prior criminal record: DeVane v. State, 479 So. 2d 137 (Fla. 5th DCA 1985); Cord v. State, 478 So. 2d 1191 (Fla. 5th DCA 1985); Hall v. State, 478 So. 2d 519 (Fla. 5th DCA 1985); Shelton v. State, 478 So. 2d 433 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985); Bentley v. S…
Authorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Weems v. State, 469 So. 2d 128 (Fla. 1985)
- Johnson v. State, 477 So. 2d 56 (Fla. 5th DCA 1985)