ROBERT REICHMAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1987-09-10
No. 69801
McDonald, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ., concur., KOGAN, J., dissents.
511 So. 2d 995 Florida Supreme Court (1987) Negative Treatment
Cited by 18 cases


Opinion of the Court
BARKETT, Justice.

BARKETT, Justice.

We have for review Reichman v. State, 497 So. 2d 293 (Fla. 1st DCA 1986), in which the district court certified the following question as one of great public importance:

DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REASONS GIVEN, REGARDLESS OF WHETHER BOTH VALID AND INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARD SET FORTH IN ALBRITTON v. STATE?

Id. at 294-95. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in the negative in Griffis v. State, 509 So. 2d 1104 (Fla.1987). Accordingly, we quash the decision of the district court and direct that the case be remanded to the trial court for resentencing.

It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ., concur. KOGAN, J., dissents.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Felts v. State, 537 So. 2d 995 (Fla. 1st DCA 1988)
    …ituated in the appellate process when the amendment took effect, but that the supreme court, which had the opportunity to discuss the law’s constitutionality and retroac-tivity, did not consider the issue ripe for adjudication. . Reichman v. State, 511 So. 2d 995 (Fla.1987); Sanders v. State, 510 So. 2d 296 (Fla.1987). .Appellant contends that chapter 87-110 “abolished the right to effective appeal and created a presumption of correctness of a guidelines departure,” so that to apply the amendment to his cas…
  • THE Florida BAR v. Brown, 905 So. 2d 76 (Fla. 2005)
    …nded by the referee in this case. See, e.g., Fla. Bar v. Stillman, 606 So. 2d 360 (Fla.1992) (imposing one-year suspension due to a pattern of fraudulent and dishonest conduct in relation to representation of a mortgage company); Fla. Bar v. Siegel, 511 So. 2d 995 (Fla.1987) (imposing ninety-day suspension due to deliberate scheme to misrepresent facts in order to secure full financing for purchase of a law office). Here, Brown knowingly and dishonestly failed to abide by his own representations and did so f…
  • THE Florida BAR v. Schultz, 712 So. 2d 386 (Fla. 1998)
    …milar misconduct. Florida Bar v. Lawless, 640 So. 2d 1098, 1100 (Fla.1994). This Court has held numerous times that engaging in conduct involving dishonesty, misrepresentation, fraud, or deceit warrants suspension. See, e.g., Florida Bar v. Siegel, 511 So. 2d 995 (Fla.1987) (suspending attorneys for ninety days for engaging in deliberate scheme to misrepresent facts in order to secure full financing of purchase for law office); Florida Bar v. Adler, 505 So. 2d 1334 . (Fla.1987) (suspending attorney for ninet…

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