CARL OLOFSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; STATE OF FLORIDA, APPELLANT, V. CARL OLOFSON, APPELLEE

Fla. 4th DCA | 1986-02-07
Nos. 85-1459, 85-1460
HERSEY, C.J., and ANSTEAD, J., concur., HURLEY, J., dissents with opinion.
483 So. 2d 468 Florida District Court of Appeal, Fourth District (1986) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and ANSTEAD, J., concur.

HURLEY, J., dissents with opinion.

Dissent
HURLEY, Judge,

HURLEY, Judge,

dissenting.

The trial court departed downward from the guidelines’ presumptive sentence with this justification: “Recommended sentence of HRS is felt to be adequate.” This is simply not a “clear and convincing” reason to justify departure. See Rule 3.701(b)(6), Fla.R.Crim.P.; see also Santiago v. State, 478 So. 2d 47 (Fla.1985).


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    …e property and take reasonable precautions to protect Jerry Whittier from possible dangerous conditions.... We find no error in the trial court’s denial of a mistrial based on its conclusion that this instruction cured the error. Powell v. Goldner, 483 So. 2d 468 (Fla. 3d DCA 1986); Riley v. Jackson, 246 So. 2d 625 (Fla. 3d DCA 1971). In two of the three remaining instances in which CSX claims it moved for mistrial, the record bears out CSX’s mere objections. In those instances, the court sustained CSX’s ob…
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