MARIANELA CACERES, APPELLANT,

v.

JOSE MILTON, APPELLEE

Citator

Cited By

• Watkins v. State, 531 So. 2d 239 (Fla. 3d DCA 1988)
  …PER CURIAM. As the state concedes, the trial court plainly erred in basing the instant departure sentence upon additional grounds after we held all four reasons originally assigned for departure invalid in Watkins v. State, 498 So. 2d 576 (Fla. 3d DCA 1986). Shull v. Dugger, 515 So. 2d 748 (Fla.1987). Accordingly, the sentence is again reversed and the cause remanded for resentencing within the guidelines.…
• Early v. State, 516 So. 2d 24 (Fla. 3d DCA 1987)
  …ul sentencing guidelines departure sentence, as here, may be corrected either upon a post-conviction motion to correct sentence under Fla.R.Crim. P. 3.800(a) or a post-conviction motion to vacate sentence under Fla.R.Crim.P. 3.850. Watkins v. State, 498 So. 2d 576 (Fla. 3d DCA 1986); contra Lowe v. State, 501 So. 2d 712 (Fla. 2d DCA 1987); Carter v. State, 491 So. 2d 1288 (Fla. 1st DCA 1986); Wahl v. State, 460 So. 2d 579 (Fla. 2d DCA 1984). We, accordingly, reverse the order under review and remand the cau…
• Johnson v. State, 543 So. 2d 1289 (Fla. 4th DCA 1989)
  …Fla. 2d DCA 1987); Schneider v. State, 512 So. 2d 308 (Fla. 2d DCA 1987); Brown v. State, 510 So. 2d 1150 (Fla. 1st DCA 1987); Brown v. State, 508 So. 2d 522 (Fla. 2d DCA 1987); Roberts v. State, 507 So. 2d 761 (Fla. 1st DCA 1987); Watkins v. State, 498 So. 2d 576 (Fla. 3d DCA 1986), upheld on confession of error, 531 So. 2d 239 (Fla. 3d DCA 1988). Thus, we conclude that jurisdiction exists to review the order denying this motion for reduction of sentence. Although filed with no designation, and tracking the…

Authorities Cited

• Russell v. A & L Dev., Inc., 273 So. 2d 439 (Fla. 3d DCA 1973)
• Russell v. A & L Dev., Inc., 279 So. 2d 308 (Fla. 1973)
• Weber v. Tam-Bay Realty, Inc., 490 So. 2d 1371 (Fla. 2d DCA 1986)