JUDITH ANNE STOLARSKI, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Smith v. State, 510 So. 2d 308 (Fla. 4th DCA 1986)
  …se reasons have been found to justify sentence departures. Had the trial court stated the reasons as the state has, they would constitute clear and convincing reasons for departure from the guidelines sentence. However, much as in Mackey v. State, 495 So. 2d 916 (Fla. 4th DCA 1986), we perceive the trial court’s purported written statement of departure reasons as merely a recitation of the circumstances forming the bases for departure, rather than sufficiently stated clear and convincing reasons. It is poss…
• Saldana v. State, 510 So. 2d 1238 (Fla. 3d DCA 1987)
  …thing more than an “ordinary” violation which does not justify any departure beyond the one cell increase automatically authorized by Florida Rule of Criminal Procedure 3.701(d)(14). See State v. Pentaude, 500 So. 2d 526 (Fla.1987); Mackey v. State, 495 So. 2d 916 (Fla. 4th DCA 1986); compare Walker v. State, 496 So. 2d 220 (Fla. 3d DCA 1986) (violation involving threats to victim 74 days after commencement of term); Spivey v. State, 481 So. 2d 100 (Fla. 3d DCA 1986) (violation within one month of probation o…
• Barnes v. State, 519 So. 2d 1112 (Fla. 4th DCA 1988)
  …eparture in aggravation that exceeds the guidelines by six months is unlawful and must be reversed. A departure of more than one cell increase must be supported by written reasons other than that it is upon a violation of probation. Mackey v. State, 495 So. 2d 916 (Fla. 4th DCA 1986). Reversal for resentencing within the guidelines recommended range of 12 to 30 months is required. The appropriate appellate remedy when all the written reasons given by the trial judge for departure are invalid is to reverse fo…

Authorities Cited

• Williams v. State, 454 So. 2d 790 (Fla. 5th DCA 1984)