DAVID CAUTHEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DAVID CAUTHEN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
522 So. 2d 374
Florida Supreme Court (1988)
Caution
Cited by 68 cases
Opinion of the Court
OVERTON, Justice.
The First District Court of Appeal, in Cauthen v. State, 514 So. 2d 75 (Fla. 1st DCA 1987), certified the following as a question of great public importance:
MAY THE QUANTITY OF DRUGS INVOLVED IN A CRIME BE A PROPER REASON TO SUPPORT DEPARTURE FROM THE SENTENCING GUIDELINES?
Id. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const. We recently answered the same question in the negative in Atwaters v. State, 519 So. 2d 611 (Fla.1988). Accordingly, we quash the decision of the First District in the instant case and remand for reconsideration consistent with our decision in Atwaters.
It is so ordered.
MCDONALD, CJ., and EHRLICH, SHAW, BARRETT, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (33 total)
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State v. Anderson, 905 So. 2d 111 (Fla. 2005)…he guidelines provided that the sentence calculation would result in (1) a presumptive sentence, (2) a one-cell recommended range, and (3) a three-cell permitted range. Fla. Rules of Criminal Procedure re Sentencing Guidelines (Rules 3.701 & 3.988), 522 So. 2d 374, 377 (Fla.1988). With this change, the district courts developed the test the Second District used in this case. The theory behind it was that a correct scoresheet was essential for the trial court to exercise its discretion in sentencing a defendan…
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Puffinberger v. State, 581 So. 2d 897 (Fla. 1991)…ns that are the equivalent of adult convictions may support a deviation from the guidelines. Cf. Tillman v. State, 525 So. 2d 862, 864 (Fla.1988) (holding extensive juvenile record valid reason for departure). . Florida Rules of Criminal Procedure, 522 So. 2d 374 (Fla.1988); Ch. 88-131, § 1, Laws of Fla.…
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Cabal v. State, 678 So. 2d 315 (Fla. 1996)…encing guidelines were enacted in 1983. In re Rutes of Crim. Proc., 439 So. 2d 848 (Fla. 1983). The committee note at issue was added as part of the 1988 amendments to the sentencing guidelines. Florida Rules of Crim. Proc. re Sentencing Guidelines, 522 So. 2d 374 (Fla.1988).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Atwaters v. State, 519 So. 2d 611 (Fla. 1988)
- Cauthen v. State, 514 So. 2d 75 (Fla. 1st DCA 1987)