PAUL W. HESSEL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PAUL W. HESSEL, PETITIONER,
STATE OF FLORIDA, RESPONDENT
525 So. 2d 512
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We grant certiorari and quash the order affirming petitioner’s traffic conviction of a violation of section 316.183(5), Florida Statutes (1985), because we find the evidence legally insufficient to sustain the conviction. Tibbs v. State, 397 So. 2d 1120 (Fla.1981). The cause is remanded to the circuit court for entry of an order reversing the judgment and remanding to the trial court for the entry of a judgment of acquittal.
Certiorari granted; order quashed with directions.
WALDEN and STONE, JJ., and OWEN, WILLIAM C., Jr., (Retired), Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Buchanan, 580 So. 2d 201 (Fla. 5th DCA 1991)…icable guidelines ranges whether the departure is upwards or downwards. State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1990); State v. Freeland, 558 So. 2d 204 (Fla. 5th DCA 1990); State v. Bradley, 541 So. 2d 1261 (Fla. 3d DCA 1989); State v. Jones, 525 So. 2d 512 (Fla. 4th DCA 1988). The consequence of failing to give contemporaneous written reasons is that the sentencing court must resentence within the guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990). We so held in this case, which was an appeal by the…
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State v. Arnold, 550 So. 2d 154 (Fla. 5th DCA 1989)…was error to depart downwards without providing a written reason. State v. Devine, 547 So. 2d 1304 (Fla. 3d DCA 1989); State v. Vickery, 536 So. 2d 380 (Fla. 3d DCA 1989); State v. McDavid, 532 [*156] So. 2d 1125 (Fla. 3d DCA 1988); Stdte v. Jones, 525 So. 2d 512 (Fla. 4th DCA 1988). Furthermore, the notation written on the scoresheet by the successor judge does not cure the error. At best, the notation is an attempt to justify the sentence as being proper and not a reason for departure. However, the success…
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Rivera v. State, 939 So. 2d 116 (Fla. 3d DCA 2006)…hever is less”).1 Sections 775.091 and 948.031 “indicate that such service is to be considered either as an extra sanction or as an additional condition of probation.” State v. Muoio, 438 So. 2d 160, 163 (Fla. 2d DCA 1983); see also State v. Jones, 525 So. 2d 512, 513 (Fla. 4th DCA 1988) (suggesting that on remand “if the court decides to continue the public service requirement, it should be made clear that it is a condition of probation in conformity with section 948.031”); § 948.01, Fla. Stat. (2002) (gove…
Authorities Cited
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)