JOSEPH LEON STOWERS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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KOGAN, Justice.
We have for review Stowers v. State, 504 So. 2d 67 (Fla. 1st DCA 1987), in which the district court certified the same question framed in VanTassell v. State, 498 So. 2d 649 (Fla. 1st DCA 1986):
DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REASONS GIVEN, REGARDLESS OF WHETHER BOTH VALID AND INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARD SET FORTH IN ALBRITTON V. STATE?
We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered the certified question in the negative in Griffis v. State, 509 So. 2d 1104 (Fla.1987) and VanTassell v. State, 512 So. 2d 181 (Fla.1987). Accordingly, we disapprove the decision below as to this issue and remand to the district court for reconsideration in light of our decisions in Griffis and VanTassell.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, SHAW, BARKETT and GRIMES, JJ., concur.
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Citator
Cited By
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Stowers v. State, 541 So. 2d 715 (Fla. 1st DCA 1989)…PER CURIAM. This case is before the court on remand from the Florida Supreme Court for reconsideration of appellant’s departure sentence. Stowers v. State, 504 So. 2d 67 (Fla. 1st DCA 1987), disapproved and remanded, Stowers v. State, 534 So. 2d 1143 (Fla.1988). We affirm. Appellant was given a departure sentence based upon the following written reasons: (1) defendant’s prior record demonstrates he is a non-rehabilitative career criminal; (2) defendant has engaged in an escalating pattern of cr…1 / 2
Authorities Cited
- Griffis v. State, 509 So. 2d 1104 (Fla. 1987)
- Vantassell v. State, 512 So. 2d 181 (Fla. 1987)
- Gill v. Gill, 504 So. 2d 67 (Fla. 2d DCA 1987)
- VanTASSELL v. State, 498 So. 2d 649 (Fla. 1st DCA 1986)