LEON D. FINKLEA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEON D. FINKLEA, APPELLANT,
STATE OF FLORIDA, APPELLEE
496 So. 2d 230
Florida District Court of Appeal, First District (1986)
Caution
Cited by 6 cases
Opinion of the Court
ERVIN, Judge.
Appellant appeals the trial court’s departure from the recommended guideline sentence of 9-12 years’ incarceration to a term of natural life. We find that the trial judge’s reasons for departure are invalid in that they have already been factored into the guideline sentence.
The case is reversed with directions to resentence the appellant within the recommended range provided by the guidelines. Williams v. State, 492 So. 2d 1308 (Fla.1986).
WIGGINTON and BARFIELD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wood v. Insulation, 511 So. 2d 690 (Fla. 1st DCA 1987)…higher in the occupation than in usual occupations; (4) if the disease is an ordinary disease of life, the incidence of such a disease must be substantially higher in the particular occupation than in the general public. Hamilton v. Stamas Yachts, 496 So. 2d 230 (Fla. 1st DCA 1986); Smith v. Crane Cams, Inc., 418 So. 2d 1266 (Fla. 1st DCA 1982); King Motor Co. v. Pollack, 409 So. 2d 160 (Fla. 1st DCA 1982); Lake v. Irwin Yacht & Marine Corp., 398 So. 2d 902 (Fla. 1st DCA 1981); Broward Industrial Plating, I…
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Finklea v. State, 514 So. 2d 1126 (Fla. 1st DCA 1987)…at none of the various reasons set forth by the trial court as justification for the departure were valid and therefore reversed “with directions to resentence appellant within the recommended range provided by the guidelines”. See Finklea v. State, 496 So. 2d 230 (Fla. 1st DCA 1986). Finklea was resentenced on December 17,1986. The trial court imposed a 12 year sentence in the robbery case. In the burglary case, the trial court imposed a consecutive 12 year sentence, for a total of 24 years. This consecutiv…
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Cargill, Inc. v. Jeffers, 673 So. 2d 988 (Fla. 1st DCA 1996)…regarding the list. Nevertheless, neither Jeffers nor the physicians identified the circumstances of Jeffers’ purported exposure. In the absence of any evidence of exposure, the JCC erred in finding the claim compensa-ble. Hamilton v. Stamas Yachts, 496 So. 2d 230 (Fla. 1st DCA 1986). See Lake v. Irwin Yacht & Marine Corp., 398 So. 2d 902 (Fla. 1st DCA 1981) (the opinion of an expert witness has no evidential value when based on facts or inferences unsupported by evidence in the case). REVERSED and REMANDED…
Authorities Cited
- Williams v. State, 492 So. 2d 1308 (Fla. 1986)