EDWARD ANDREW CUNNINGHAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
EDWARD ANDREW CUNNINGHAM, APPELLANT,
STATE OF FLORIDA, APPELLEE
481 So. 2d 72
Florida District Court of Appeal, Fourth District (1985)
Negative Treatment
Cited by 56 cases
Opinion of the Court
PER CURIAM.
We reverse the denial of appellant’s 3.850 motion to vacate his sentence. We hold that appellant gave substantial assistance to the State and his sentence should be mitigated from a fifteen year mandatory minimum to a five year mandatory minimum.
REVERSED AND REMANDED.
LETTS, J., and BOARDMAN, EDWARD F., Associate Judge (Retired), concur. ANSTEAD, J., concurs in part and dissents in part with opinion.
Other
ANSTEAD, Judge,
concurring in part and dissenting in part:
Although I am also concerned about the actions of the state in following through in good faith on any agreements made with the appellant, both before and after sentencing, I would stop short of mandating a reduction in appellant’s sentence. Instead, I favor remand to have the trial court determine precisely what the agreements were; whether there has been a breach; and to what relief, including plea withdrawal, the appellant may be entitled, assuming the agreements are invalidated or found to have been breached by the state. Cf. Noon v. State, 480 So. 2d 668 (Fla. 4th DCA 1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (27 total)
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Casteel v. State, 498 So. 2d 1249 (Fla. 1986)…EHRLICH, Justice. We have for review Casteel v. State, 481 So. 2d 72 (Fla. 1st DCA 1986), in which the district court certified the following question as one of great public importance: WHEN AN APPELLATE COURT FINDS THAT A SENTENCING COURT RELIED ON BOTH VALID AND INVALID REASONS FOR DEPARTURE, WHAT FACTORS SHOULD T…
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Davis v. State, 517 So. 2d 670 (Fla. 1987)…holding the third reason, presence of the victim’s son in the house and the possible long lasting traumatic effect on the child of the victim, to be a valid reason for departure, the district court relied on its prior decisions in Casteel v. State, 481 So. 2d 72 (Fla. 1st DCA), quashed, 498 So. 2d 1249 (Fla.1986) and Scurry v. State, 472 So. 2d 779 (Fla. 1st DCA 1985), quashed, 489 So. 2d 25 (Fla.1986). Although emotional trauma suffered by the son as a result of witnessing the shooting of his father may be…
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Davis v. State, 489 So. 2d 754 (Fla. 1st DCA 1986)…has a father or a mother to live with. Trauma to the son by virtue of his presence at the incident was of concern to the judge. We have previously held that trauma to family members is a valid reason to depart from the guidelines. Casteel v. State, 481 So. 2d 72 (Fla. 1st DCA 1986). Future trauma to the child of the victim, of course, cannot be proved or disproved at this point in time. But commission of this kind of crime in the presence of a child was undoubtedly not figured into the mathematical formula…1 / 2
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- Noon v. State, 480 So. 2d 668 (Fla. 4th DCA 1985)