ROBERT JAMES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT JAMES, APPELLANT,
STATE OF FLORIDA, APPELLEE
543 So. 2d 236
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 15 cases
Opinion of the Court
PER CURIAM.
AFFIRMED.
HERSEY, C.J., DOWNEY, J., and FRANK, RICHARD, Associate Judge, concur.
Other
PER CURIAM.
Appellant’s petition for rehearing is granted and the sentence appealed from is affirmed upon authority of Poore v. State, 531 So. 2d 161 (Fla.1988), and Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988).
Furthermore, we certify to the Supreme Court of Florida the following question as one of great public importance:
HAVING SENTENCED A DEFENDANT TO A TERM OF INCARCERATION FOLLOWED BY PROBATION OR COMMUNITY CONTROL, WITHOUT SUSPENSION OF ANY PART OF THE PERIOD OF INCARCERATION, MAY THE TRIAL COURT, AFTER A VIOLATION OF THE PROBATION OR COMMUNITY CONTROL, IMPOSE ANY SENTENCE THAT COULD HAVE BEEN ORIGINALLY IMPOSED WITH CREDIT FOR TIME SERVED AND WITHIN THE SENTENCING GUIDELINES UNLESS VALID REASONS FOR DEPARTURE ARE GIVEN?
HERSEY, C.J., DOWNEY, J., and FRANK, RICHARD, Associate Judge, concur.
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State v. Watts, 558 So. 2d 994 (Fla. 1990)…a trial court could resentence a youthful offender as an adult, upon a violation of community control, despite the 1985 amendment to the youthful offender act, section 958.14, Florida Statutes? Hamilton, 553 So. 2d at 389. See also James v. State, 543 So. 2d 236 (Fla. 4th DCA 1989) (on rehearing), review granted, No. 74,405 (Fla. Oct. 23, 1989). We decide today James v. State, 558 So. 2d 1000 (Fla.1990). . Article III, section 32 of the Florida Constitution (1885), provided: The repeal or amendment of any…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988)