EMPIREGAS, INC. OF DADE CITY, APPELLANT,

v.

JOE HERRMANN'S, INC., APPELLEE; JOE HERRMANN'S, INC., APPELLANT, V. EMPIREGAS, INC. OF DADE CITY, APPELLEE

Citator

Cited By

• Newton v. State, 490 So. 2d 179 (Fla. 1st DCA 1986)
  …grams. Where the quantity of cocaine falls within the mandatory sentencing range, as here, departure based on quantity has been held improper by some courts. Jimenez v. State, 486 So. 2d 36 (Fla. 2d DCA April 2, 1986) (28.35 grams); Gallo v. State, 483 So. 2d 876 (Fla. 2d DCA 1986) (43.5 grams). However, other cases have permitted departure from the recommended range where the amount of drugs far exceeded that necessary for conviction. Guerrero v. State, 484 So. 2d 59 (Fla. 2d DCA) (965.4 grams); Pursell v.…
• Everage v. State, 504 So. 2d 1255 (Fla. 1st DCA 1986)
  …number of occasions, disapproved guidelines departure where the basis is the defendant’s apparent untruthfulness during trial. Perez v. State, 485 So. 2d 24 (Fla. 1st DCA 1986); Beauvais v. State, 475 So. 2d 1342 (Fla. 3d DCA 1985); Gallo v. State, 483 So. 2d 876 (Fla. 2nd DCA 1986); Guerrero v. State, 484 So. 2d 59 (Fla. 2nd DCA 1986); and Pursell v. State, 483 So. 2d 94 (Fla. 2nd DCA 1986). The trial court’s reliance upon United States v. Grayson, 438 U.S. 41, 98 S.Ct. 2610, 57 L.Ed.2d 582 (1978), is mispl…
• Welker v. State, 504 So. 2d 802 (Fla. 1st DCA 1987)
  …of these reasons is invalid. While some decisions have disapproved departure based on the quantity of drugs involved, see, e.g., Newton v. State, 490 So. 2d 179 (Fla. 1st DCA 1986); Jimenez v. State, 486 So. 2d 36 (Fla. 2d DCA 1986); Gallo v. State, 483 So. 2d 876 (Fla. 2d DCA 1986), other decisions have approved departure where the amount of drugs the defendant possessed far exceeded the amount required for conviction of the offense, see, e.g., Atwaters v. State, 495 So. 2d 1219 (Fla. 1st DCA 1986); Mitchell…

Authorities Cited

• Vines v. Emerald Equip. Co., 342 So. 2d 137 (Fla. 1st DCA 1977)