LEROY STEVEN BRADLEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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McDONALD, Justice.
We take jurisdiction of this case pursuant to article V, section 3(b)(4), Florida Constitution, because the district court certified the following quéstion to be of great public importance:
WHEN A DEFENDANT WHO COMMITTED A CRIME BEFORE OCTOBER 1, 1983 AFFIRMATIVELY SELECTS SENTENCING PURSUANT TO THE SENTENCING GUIDELINES, MUST THE RECORD SHOW THE DEFENDANT KNOWINGLY AND INTELLIGENTLY WAIVED THE RIGHT TO PAROLE ELIGIBILITY?
Bradley v. State, 468 So. 2d 378, 380 (Fla. 1st DCA 1985). The question is identical to the certified question that we answered in the negative in Cochran v. State, 476 So. 2d 207 (Fla.1985), and Gage v. State, 480 So. 2d 1291 (Fla.1985). Accordingly, we answer the certified question in the negative and approve the opinion of the district court. It is so ordered.
BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.
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Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)…d by rule 3.800(a), we are constrained to do the same here. Accordingly, we vacate the sentencing court’s retention of jurisdiction over a portion of Mr. Raley’s guidelines sentence. See Bradley v. State, 468 So. 2d 378 (Fla 1st DCA 1985), approved, 485 So. 2d 1285 (Fla.1986). In summary, we affirm the trial court’s denial of the Mr. Raley’s petition for a writ of habeas corpus, affirm the denial of 3.800(a) relief, but vacate the sentencing court’s retention of jurisdiction over a portion of Mr. Raley’s sent…
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Allen v. State, 522 So. 2d 850 (Fla. 4th DCA 1987)…are valid reasons for departure from the recommended guideline sentence: Harris v. State, 482 So. 2d 548, 549 (Fla. 4th DCA 1986) (excessive use of force is valid reason for departure); Head v. State, 473 So. 2d 18, 19 (Fla. 3d DCA 1985), approved, 485 So. 2d 1285 (Fla.1986) (psychological impact on crime victim of being paralyzed as a result of defendant’s act is a valid reason for departure); although economic hardship on victim can never constitute valid reason for departure, Hankey v. State, 485 So. 2d 82…
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Sarria v. State, 501 So. 2d 737 (Fla. 3d DCA 1987)…otional distress”), quashed and remanded on other grounds, 498 So. 2d 415 (Fla.1986); Head v. State, 473 So. 2d 18, 19 (Fla. 3d DCA 1985) (“psychological impact on the victim of becoming paralyzed as a result of defendant's criminal act”), approved, 485 So. 2d 1285 (Fla.1986). The conviction is affirmed; the sentence is vacated and the cause is remanded for further proceedings consistent with this opinion.…
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- Bradley v. State, 468 So. 2d 378 (Fla. 1st DCA 1985)
- Cochran v. State, 476 So. 2d 207 (Fla. 1985)
- Gage v. State, 480 So. 2d 1291 (Fla. 1985)