JAMES STEVEN ELLERBY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Felts v. State, 537 So. 2d 995 (Fla. 1st DCA 1988)
  …e circumstances giving rise to the dropped charges. However, in Cummings v. State, 489 So. 2d 121 (Fla. 1st DCA 1986), the court held that reference to charges dismissed as a condition of the plea was precluded by the rule. See also Dallas v. State, 490 So. 2d 1362 (Fla. 5th DCA 1986), in which the court held that danger to others caused by a high speed chase and shooting at police (the shot penetrated an occupied mobile home) would not support a departure sentence, because it was factually based on charges of…
• Berry v. State, 511 So. 2d 1075 (Fla. 1st DCA 1987)
  …ent from the allegations of the information — which were nolle prossequied by the state. It has been held that acts constituting offenses which were dropped as part of a plea agreement cannot be used to support a departure sentence. Dallas v. State, 490 So. 2d 1362 (Fla. 5th DCA 1986); Baxter v. State, 488 So. 2d 647 (Fla. 5th DCA 1986); Cummings v. State, 489 So. 2d 121 (Fla. 1st DCA 1986); Padgett v. State, 497 So. 2d 724 (Fla. 1st DCA 1986); McMillan v. State, 478 So. 2d 1195 (Fla. 4th DCA 1985); and Rease…
• Chenard v. State, 510 So. 2d 363 (Fla. 3d DCA 1987)
  …defendant’s crime involved an unfactored pattern of “violence” is belied both by the fact that the charge that the defendant was criminally responsible for an assault during the burglary was dropped as a part of the plea agreement, Dallas v. State, 490 So. 2d 1362 (Fla. 5th DCA 1986), and because, in fact, a co-defendant and not Chenard was solely responsible for the assault which was the only violence in the case. 4. It is plainly impermissible to depart on the final ground stated by the lower court that “t…

Authorities Cited

• Yost v. State, 489 So. 2d 131 (Fla. 5th DCA 1986)