VERNON H. GOFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Guidelines Sentence cases and more on FLexlaw
PER CURIAM.
In Goff v. State, 512 So. 2d 1095 (Fla. 2d DCA 1987) we affirmed the conviction of Goff for conspiracy to traffic in 10,000 pounds or more of cannabis, but vacated the sentence of twenty-five years incarceration imposed by the trial court. The crime as charged requires a fifteen-year minimum mandatory sentence notwithstanding a recommended guidelines sentence of four and one-half to five and one-half years. The trial judge did not give any written reasons for exceeding the guidelines.
On remand, we directed that the trial judge “impose the minimum mandatory sentence of fifteen years,” noting that it was not necessary for the defendant to be present for resentencing.
Upon resentencing, a sentence of twenty-five years was again imposed with written reasons being given for exceeding the guidelines. This sentence exceeds the authority of the trial judge which is governed by our prior mandate. We, therefore, again vacate the sentence imposed and remand with directions to impose the minimum mandatory sentence of fifteen years. It is not necessary for the defendant to be present for resentencing.
CAMPBELL, C.J., and SCHOONOVER and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nicholson v. State, 600 So. 2d 1101 (Fla. 1992)…KOGAN, Justice. We have for review Nicholson v. State, 579 So. 2d 816 (Fla. 1st DCA 1991), because of conflict with Jakubczak v. State, 425 So. 2d 187 (Fla. 3d DCA 1983), and State v. Harris, 537 So. 2d 1128 (Fla. 2d DCA 1989). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and approve the decision below. On February 8, 1988, four-year-old Kimberly McZinc died of starvation. Kimberly’s mother, Darlene Jackson, pled nolo contend…
-
Freeze v. State, 553 So. 2d 750 (Fla. 2d DCA 1989)…t the defendant had a premeditated design or intent to kill in order to establish the first-degree felony murder charge. In order to establish aggravated child abuse, however, it is necessary for the state to prove specific intent. State v. Harris, 537 So. 2d 1128 (Fla. 2d DCA 1989); Jakubczak v. State, 425 So. 2d 187 (Fla. 3d DCA 1983). Thus, the state was required to present a prima facie case that Ms. Freeze had, with specific intent, “willfully tortured” or “maliciously punished” the child, or that the sh…
-
Leet v. State, 595 So. 2d 959 (Fla. 2d DCA 1991)…leaving a child with its father, Mr. Leet can be equally negligent for taking no action to protect the child from its mother in his household. Section 827.04 applies to acts of omission as well as acts of commission. See. generally State v. Harris, 537 So. 2d 1128 (Fla. 2d DCA 1989); Nicholson v. State, 579 So. 2d 816 (Fla. 1st DCA 1991); Jakubczak. We share the concern of the special concurrence that child abuse is a very emotional topic and that juries may be tempted to shift a defendant’s standard of care…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Goff v. State, 512 So. 2d 1095 (Fla. 2d DCA 1987)