DANIEL NEAL MCINTOSH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1988-12-14
No. 88-46
DANAHY, A.C.J., and PARKER, J., concur.
537 So. 2d 115 Florida District Court of Appeal, Second District (1988) Positive Treatment
Cited by 3 cases
Opinion of the Court
HALL, Judge.

HALL, Judge.

We have examined the record and determine that the trial judge intended to depart from the guidelines sentence on the basis of the appellant’s repeated violations of probation and community control and that this is a valid reason justifying the departure. See Burton v. State, 513 So. 2d 245 (Fla. 2d DCA 1987).

DANAHY, A.C.J., and PARKER, J., concur.

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  • Johnson v. State, 537 So. 2d 117 (Fla. 1st DCA 1988)
    …y evidence in the record that would allow us to form any conclusion concerning whether the state’s challenges of those two jurors were grounded on racially neutral reasons. Consequently, the case must be remanded for new trial. See Pickett v. State, 537 So. 2d 115 (Fla. 1st DCA 1988). Appellant’s conviction for possession of drug paraphernalia is REVERSED with directions that appellant be discharged as to such offense. His conviction for possession of cocaine is REVERSED and the cause REMANDED for new trial…
  • Payne v. State, 538 So. 2d 1302 (Fla. 1st DCA 1989)
    …ate, 519 So. 2d 747 (Fla. 4th DCA 1988), approved, 533 So. 2d 763 (Fla.1988). In summary, in this case, unlike the circumstances existing in this court’s recent decision in Johnson v. State, 537 So. 2d 117 (Fla. 1st DCA 1988), and Pickett v. State, 537 So. 2d 115 (Fla. 1st DCA 1988), the trial court properly required the state to give reasons for its exercise of three peremptory challenges which resulted in the exclusion of three black males from the jury panel. We find no error in the trial court’s acceptan…
  • Jennings v. State, 545 So. 2d 945 (Fla. 1st DCA 1989)
    …bt as to whether the complaining party has met its initial burden, the doubt should be resolved in that party’s favor, and the other party given an opportunity to explain the use of its peremptory challenge. State v. Slappy, supra; Pickett v. State, 537 So. 2d 115 (Fla. 1st DCA 1988). The trial court in this case concluded that, since the State had peremptorily challenged only one black juror, the defendant had not met its initial burden and, therefore, that no Neil inquiry was required. The court’s conclusi…

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