KENNY T. MOYE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
KENNY T. MOYE, APPELLANT,
STATE OF FLORIDA, APPELLEE
519 So. 2d 73
Florida District Court of Appeal, Fifth District (1988)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
AFFIRMED. See Reynolds v. State, 516 So. 2d 1094 (Fla. 5th DCA 1987).
SHARP, C.J., and COBB and UPCHURCH, FRANK D., Jr., Judge, Retired, concur.
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Citator
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McGLOTHLIN v. State, 714 So. 2d 640 (Fla. 4th DCA 1998)…was appropriate because if the trial court sentenced MeGlothlin pursuant to the guidelines, his violation of probation would be virtually without penalty because he served almost three years in prison on the original sentence. In Filmare, v. State, 519 So. 2d 73 (Fla. 5th DCA 1988), the fifth district addressed a similar argument and concluded that “[a] trial court can depart beyond the next cell for a violation of probation if there are clear and convincing reasons. However, it is error to depart beyond on…
Authorities Cited
- Dep't of Health & Rehabilitative Servs. v. State, 516 So. 2d 1094 (Fla. 5th DCA 1987)