JAMES WILLIE SIMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES WILLIE SIMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
513 So. 2d 671
Florida District Court of Appeal, Second District (1987)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Affirmed.
SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
Other
PER CURIAM.
In this appeal we affirmed the defendant’s conviction and sentence. On rehearing the defendant has requested that we certify to the supreme court the same question we certified in Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987), and Washington v. State, 508 So. 2d 565 (Fla. 2d DCA 1987).
Accordingly, we grant the defendant’s request and again certify to the supreme court, as a question of great public importance, the question certified in Hoefert and Washington:
IS THE HABITUAL OFFENDER STATUTE STILL AN EFFECTIVE BASIS ON WHICH TO EXCEED THE STATUTORY MAXIMUM AS LONG AS THE SENTENCE IMPOSED DOES NOT EXCEED THE GUIDELINES RECOMMENDATION?
SCHEB, A.C.J., and CAMPBELL and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rosalina Bado v. Canteen Corp. & CNA Ins. Cos., 513 So. 2d 1364 (Fla. 1st DCA 1987)…nt, after resigning from his job over a dispute, “immediately commenced an extensive work search for light duty jobs, which search was within the physical limitations established by his treating physician.” In Wilson v. Volusia County School Board, 513 So. 2d 671 (Fla. 1st DCA 1987), Judge Wentworth, concurring in affirmance of an order offsetting wage loss benefits based on “deemed earnings,” noted: The order, however, is overbroad insofar as it concludes that because of the voluntary termination “the carr…
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Inscho v. State, 521 So. 2d 164 (Fla. 5th DCA 1988)…la. 4th DCA 1987); Wooten v. State, 515 So. 2d 331 (Fla. 3d DCA 1987); Johnson v. State, 513 So. 2d 1388 (Fla. 3d DCA 1987); Priester v. State, 513 So. 2d 796 (Fla. 4th DCA 1987); Bellinger v. State, 513 So. 2d 732 (Fla. 3d DCA 1987); Sims v. State, 513 So. 2d 671 (Fla. 2d DCA 1987); Reid v. State, 512 So. 2d 1161 (Fla. 3d DCA 1987); Condiles v. State, 512 So. 2d 331 (Fla. 3d DCA 1987); King v. State, 511 So. 2d 1131 (Fla. 4th DCA 1987); Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987); Hoefert v. State, 50…
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Donahue v. CTL Distrib. & Comcar Indus., 682 So. 2d 1218 (Fla. 1st DCA 1996)…thing in section 440.15(3)(b), Florida Statutes (Supp.1988), or the cases the E/C cited, Bright v. City of Tampa, 546 So. 2d 1122 (Fla. 1st DCA 1989); Bado v. Canteen Corp., 513 So. 2d 1364 (Fla. 1st DCA 1987); Wilson v. Volusia County School Board, 513 So. 2d 671 (Fla. 1st DCA 1987) (Wentworth, J., concurring), support application of deemed earnings for periods in which the claimant has met his or her burden and the E/C has not, I would reverse the application of deemed earnings after Donahue’s termination o…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hoefert v. State, 509 So. 2d 1090 (Fla. 2d DCA 1987)
- Washington v. State, 508 So. 2d 565 (Fla. 2d DCA 1987)
- Tyner v. State, 508 So. 2d 565 (Fla. 2d DCA 1987)