SCOTT FRICK, A/K/A SCOTT DAVID FRICK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1987-07-29
No. 86-805
DANAHY, C.J., and SCHEB, RYDER, CAMPBELL, SCHOONOVER, LEHAN, FRANK and HALL, JJ., concur.
510 So. 2d 1077 Florida District Court of Appeal, Second District (1987) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of the instant case, the court has determined to recede from the decision in Meadows v. State, 498 So. 2d 1018 (Fla. 2d DCA 1986), and to follow its decision in Lee v. State, 491 So. 2d 1289 (Fla. 2d DCA 1986).

Accordingly, the sentence is affirmed.

DANAHY, C.J., and SCHEB, RYDER, CAMPBELL, SCHOONOVER, LEHAN, FRANK and HALL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Peters v. State, 531 So. 2d 121 (Fla. 1988)
    …lier offense for which probation had been revoked.1 Cummins v. State, 519 So. 2d 718 (Fla. 5th DCA 1988); Green v. State, 513 So. 2d 794 (Fla. 4th DCA 1987); Meadows v. State, 498 So. 2d 1018 (Fla. 2d DCA 1986), receded from en banc, Frick v. State, 510 So. 2d 1077 (Fla. 2d DCA 1987). Contra Peterson v. State, 524 So. 2d 473 (Fla. 2d DCA 1988). While we agree the language in rule 3.701(d)(14) may be ambiguous, we do not believe it mandates the result urged by Peters. As there are no committee notes accompanyi…
  • Pearson v. State, 514 So. 2d 374 (Fla. 2d DCA 1987)
    …addition to the points on the scoresheet for legal restraint (probation) is permissible under the guidelines in this situation. We have receded from Meadows v. State, 498 So. 2d 1018 (Fla. 2d DCA 1986), on which the appellant relies. Frick v. State, 510 So. 2d 1077 (Fla. 2d DCA 1987). Therefore, we find no error in the appellant’s sentences. Cause remanded for further proceedings in accordance with this opinion. RYDER and LEHAN, JJ., concur. . The Court had earlier held that Batson was not applicable retroa…
  • Peters v. State, 516 So. 2d 60 (Fla. 2d DCA 1987)
    …for violation of community control in a case where appellant was being sentenced for a new substantive offense. Appellant relies on Meadows v. State, 498 So. 2d 1018 (Fla. 2d DCA 1986). However, Meadows was receded from, en banc, in Frick v. State, 510 So. 2d 1077 (Fla. 2d DCA 1987), and the “bump up” was proper. The appellant next contends that the “bump up” for violation of community control was not authorized until an amendment to the sentencing guidelines which occurred after the dates when the appellan…

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