JESUS RUIZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE; JUAN CONSEUGRA A/K/A JESUS RUIZ, APPELLANT, V. STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Louie Anthony Sellers v. State, 578 So. 2d 339 (Fla. 1st DCA 1991)
  …851 (Fla.1989); True v. State, 564 So. 2d 1104 (Fla. 4th DCA 1990); Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990); Denegal v. State, 562 So. 2d 828 (Fla. 5th DCA 1990); Hosmer v. State, 523 So. 2d 184 (Fla. 1st DCA 1988); Lockett v. State, 516 So. 2d 46, 47 (Fla. 4th DCA 1987). We reject this argument. Finally, Sellers contends that the trial court erred in imposing a period of probation in the written sentence that exceeds the probation specified in its oral pronouncement. The state concedes erro…
• Hosmer v. State, 523 So. 2d 184 (Fla. 1st DCA 1988)
  …of the plea bargain constitutes an impermissible departure from the guidelines. In nearly identical circumstances, the Fourth District rejected the state’s argument that a one-cell upwards departure from a plea agreement is valid. Lockett v. State, 516 So. 2d 46 (Fla. 4th DCA 1987). In Lockett, the court reviewed the language of Rule 3.701(d)(14), which expressly states that sentences “imposed after revocation of probation or community control must be in accordance with the guidelines.” The court construed…
• Denegal v. State, 562 So. 2d 828 (Fla. 5th DCA 1990)
  …23 So. 2d 184 (Fla. 1st DCA 1988) (plea bargain for a one-cell departure sentence cannot thereafter be used as a mechanism for a two cell increase from original guideline range after violation of probation or community control) and Lockett v. State, 516 So. 2d 46 (Fla. 4th DCA 1987) (violation of community control did not justify a two-cell upward departure from original guideline range even though original community control sentence was an aggravated sentence imposed pursuant to a plea agreement). We agree…

Authorities Cited

• Miller v. Florida, 482 U.S. 423 (U.S. 1987)