SUSAN ANN KROPFF, PETITIONER,
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES, ETC., RESPONDENT

Fla. | 1988-09-08
No. 71670
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
530 So. 2d 304 Florida Supreme Court (1988) Positive Treatment
Cited by 16 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This Court accepted jurisdiction to review State, Department of Highway Safety & Motor Vehicles v. Kropjf, 514 So. 2d 404 (Fla. 3d DCA 1987), in which the district court acknowledged direct conflict with Keith v. Dykes, 430 So. 2d 502 (Fla. 1st DCA 1983), and with Department of Transportation v. Soldovere, 452 So. 2d 11 (Fla. 1st DCA), review denied, 458 So. 2d 272 (Fla.1984). Thereafter, this Court, in Department of Transportation v. Sold-overe, 519 So. 2d 616 (Fla.1988), quashed the opinion of the district court in Department of Transportation v. Soldovere, 500 So. 2d 568 (Fla. 4th DCA 1986), and expressly agreed with the court below in the present case. The issue before the Court for review is thus moot. Accordingly, we dismiss the petition for review as improvidently granted.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


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Cited By

  • Eady v. State, 604 So. 2d 559 (Fla. 1st DCA 1992)
    …respect to appellant's scoresheet and departure sentence challenges. It is well settled that a plea bargain may serve as a clear and convincing reason for a departure sentence when accepted as an integral part of the plea agreement. Smith v. State, 530 So. 2d 304, 305 (Fla.1988); Quarterman v. State, 527 So. 2d 1380, 1382 (Fla.1988); Thornburg v. State, 591 So. 2d 1121 (Fla. 1st DCA 1992). Since the record in this case reflects that the departure sentence was integral to the plea bargain, appellant’s challen…
  • Smith v. State, 553 So. 2d 748 (Fla. 5th DCA 1989)
    …court must now sentence him within the guidelines. We disagree. While it would be better form to state the negotiated plea as the written reason for departure, the plea is in the record and it alone justifies the enhanced penalty. Smith v. State, 530 So. 2d 304 (Fla.1988). See also, Grimes v. State, 499 So. 2d 42 (Fla. 1st DCA 1986). AFFIRMED. DANIEL, C.J., and GOSHORN, J., concur.…
  • Trott v. State, 579 So. 2d 807 (Fla. 5th DCA 1991)
    …ison and to be adjudged an habitual offender, not an habitual violent felony offender. While it is well established that a plea bargain is a sufficient basis for a departure sentence (Quarterman v. State, 527 So. 2d 1380 (Fla.1988); Smith v. State, 530 So. 2d 304 (Fla.1988)) it will not support an illegal sentence. Williams v. State, 500 So. 2d 501 (Fla.1986), receded from on other grounds, Quarterman v. State, supra; see also Taylor v. State, 512 So. 2d 304 (Fla. 1st DCA 1987) (defendant may agree to depart…

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