FRANCES MARIE YOUNG, A/K/A FRANCES LUCY YOUNG, A/K/A FRANCES LAURA YOUNG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
THREADGILL, Judge.
Appellant, Frances Young, appeals her five-year sentence for second degree grand theft, claiming that the trial court’s reasons for upward departure from the guidelines are invalid and not supported by the record. The reasons given for departure were based on (1) the defendant’s prior criminal history, (2) the facts of the case, and (3) a perceived disregard for the criminal justice system. A prior criminal record has repeatedly been found an invalid reason for departure. We have considered the other reasons as they relate to this record and find that neither will support departure. We therefore reverse Young’s sentence and remand for resentencing within the guidelines recommended range.
Reversed and remanded.
SCHOONOVER, A.C.J., and LEHAN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Happ v. The Honorable Jerry T. Lockett, 543 So. 2d 1281 (Fla. 5th DCA 1989)…his prerogative. Accordingly, we deny the petition for writ of prohibition. COWART and GOSHORN, JJ., concur. . Other cases relative to this issue are: Lawyers Co-operative Pub. Co. v. Williams, 149 Fla. 390, 5 So. 2d 871 (1942); Blitch v. Owens, 519 So. 2d 704 (Fla. 2d DCA 1988); Doane v. Rapp, 453 So. 2d 1197 (Fla. 3d DCA 1984); Boeing Co. v. Merchant, 397 So. 2d 399 (Fla. 5th DCA 1981), review denied, 412 So. 2d 468 (Fla.1982); City of Miami Beach v. Chadderton, 306 So. 2d 558 (Fla. 3d DCA), cause dismi…
-
Gregson v. Gregson, 739 So. 2d 1266 (Fla. 2d DCA 1999)…general rule is that a successor judge cannot review, modify, or reverse on the merits and on the same facts the final orders of a predecessor, unless there exists some special circumstances such as mistake or fraud upon the court.” Blitch v. Owens, 519 So. 2d 704, 705 (Fla. 2d DCA 1988). There were no special circumstances in this case to warrant a review of the decisions of the prior judge. Affirmed in part, reversed in part. ALTENBERND, A.C.J., and WHATLEY, J., Concur.…
-
Painter v. Painter, 823 So. 2d 268 (Fla. 2d DCA 2002)…or a lump sum payment of $7000, and further had no need for support above and beyond that amount. Id. at 1267. The portion of Gregson that Mr. Painter points to was unnecessary to the holding in that case. The Gregson court did cite Blitch v. Owens, 519 So. 2d 704, 705 (Fla. 2d DCA 1988), for the proposition that a successor judge cannot modify his or her predecessor’s orders except in certain circumstances. Bliteh, however, applies only to final orders, not to nonfinal orders such as those granting temporary…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence