HUBERT J. REYNOLDS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
HUBERT J. REYNOLDS, APPELLANT,
STATE OF FLORIDA, APPELLEE
499 So. 2d 864
Florida District Court of Appeal, Fifth District (1986)
Positive Treatment
Cited by 15 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentencing guidelines departure. The trial judge departed upwards because the defendant is an habitual offender. This is not a sufficient reason for departure. Whitehead v. State, 498 So. 2d 863 (Fla.1986).
SENTENCE QUASHED; REVERSED.
UPCHURCH, C.J., and COBB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hunter v. State, 660 So. 2d 244 (Fla. 1995)…he trial court must still be receptive to revisiting the issue if circumstances change. However, only if bona fide doubt is raised as to a defendant’s mental capacity is the court required to conduct another competency proceeding. Pericola v. State, 499 So. 2d 864, 867 (Fla. 1st DCA 1986), review denied, 509 So. 2d 1118 (Fla.1987); see also Drope v. Missouri, 420 U.S. 162, 180-81, 95 S.Ct. 896, 908, 43 L.Ed.2d 103, 118-19 (1975). A presumption of competence attaches from a previous determination of competency…
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White v. State, 548 So. 2d 765 (Fla. 1st DCA 1989)…stand trial in November 1987. Since nothing was presented to the trial court which could raise a bona fide and reasonable doubt as to appellant’s competence, the court was not required to conduct another competency proceeding. See Pericola v. State, 499 So. 2d 864, 867 (Fla. 1st DCA 1986), pet. rev. denied, 509 So. 2d 1118 (Fla.1987). Thus, at the start of trial the need for a written order did not arise. We agree with appellant, however, that a written order should have been entered after the trial court fo…
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Clausell v. State, 548 So. 2d 889 (Fla. 3d DCA 1989)…y a victim who had become acquainted with him in a situation in which the defendant obviously gained the information necessary to commit the crime— was no less than overwhelming. See Jones v. State, 332 So. 2d 615, 619 (Fla.1976); Pericola v. State, 499 So. 2d 864 (Fla. 1st DCA 1986), review denied, 509 So. 2d 1118 (Fla.1987); Whitfield v. State, 479 So. 2d 208 (Fla. 4th DCA 1985); Hall v. State, 444 So. 2d 1019 (Fla. 3d DCA 1984). On the other hand, Clausell’s sole defense was an alibi which, while elaborate…
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- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)