DONALD LEE SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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SMITH, Chief Judge.
Appellant expressly agreed to a sentence outside the guidelines as part of his plea bargain. Accordingly, we affirm the departure sentence. However, as the court did in Quarterman v. State, 506 So. 2d 50 (Fla. 2nd DCA 1987), review pending in the Florida Supreme Court, Case No. 70,567, we certify the following question:
IN LIGHT OF Williams v. State, 500 So. 2d 501 (Fla.1986), MAY A TRIAL JUDGE EXCEED THE RECOMMENDED GUIDELINES SENTENCE BASED UPON A LEGITIMATE AND UNCOERCED CONDITION OF A PLEA BARGAIN?
Pursuant to Rule 9.030(a)(2)(A)(iv), Florida Rules of Appellate Procedure, we certify that the decision in this case expressly and directly conflicts with the decision of another district court of appeal on the same question of law. See Broomfield v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987). See also State v. Williams, 515 So. 2d 1051 (Fla. 3d DCA 1987). ,
ERVIN and NIMMONS, JJ., concur.
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State v. Polak, 598 So. 2d 150 (Fla. 1st DCA 1992)…the implied consent statutes, and that such evidence continues to be subject to traditional rules regarding admissibility of evidence. Miller v. State, 597 So. 2d 767 (Fla.1991). See also State v. Strong, 504 So. 2d 758 (Fla.1987); State v. Walther, 519 So. 2d 731 (Fla. 1st DCA 1988); State v. Quartararo, 522 So. 2d 42 (Fla. 2d DCA), review denied, 531 So. 2d 1354 (Fla.1988). However, the blood alcohol content evidence in the case at bar was obtained solely upon the defendants’ implied consent. It is well est…
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Hosmer v. State, 523 So. 2d 184 (Fla. 1st DCA 1988)…than the community control sentencing range, when he violated community control. It is well settled that a plea bargain constitutes a valid reason for a guideline departure sentence. Holland v. State, 508 [*186] So. 2d 5 (Fla.1987); Smith v. State, 519 So. 2d 731 (Fla. 1st DCA 1988); Denmark v. State, 519 So. 2d 20 (Fla. 1st DCA 1987); Marrow v. State, 518 So. 2d 479 (Fla. 1st DCA 1988); Lawson v. State, 497 So. 2d 288 (Fla. 1st DCA 1986); Quarterman v. State, 506 So. 2d 50 (Fla. 2d DCA 1987); Bass v. State,…
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Robertson v. State, 569 So. 2d 861 (Fla. 5th DCA 1990)…give blood samples under the implied consent law,” including sections 316.1932, -.1933 and -.1934, Florida Statutes (1987), may render inadmissible test results taken in violation of the statute. Strong, 504 So. 2d at 759; see also State v. Walther, 519 So. 2d 731 (Fla. 1st DCA 1988). We are frankly unsure whether this extra-statutory track for proof of violation of section 316.193, Florida Statutes, exists in a fact situation like Quartararo and the present case where blood was taken under compulsion for in…
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- Williams v. State, 500 So. 2d 501 (Fla. 1986)
- Quarterman v. State, 506 So. 2d 50 (Fla. 2d DCA 1987)
- Broomfield v. State, 514 So. 2d 1135 (Fla. 5th DCA 1987)
- State v. Williams, 515 So. 2d 1051 (Fla. 3d DCA 1987)