STATE OF FLORIDA, APPELLANT,

v.

DAVID LEE ZAISER, APPELLEE

Citator

Cited By

• J.M. v. State, 677 So. 2d 890 (Fla. 3d DCA 1996)
  …tion officer recommends a particular sentence is not a valid reason to impose it. See Scurry v. State, 489 So. 2d 25, 29 (Fla.1986); State v. Zlockower, 650 So. 2d 692, 693 n. 2 (Fla. 3d DCA), dismissed, 659 So. 2d 1091 (Fla.1995); Blanton v. State, 546 So. 2d 1181, 1182-83 (Fla. 5th DCA), cause dismissed, 551 So. 2d 460 (Fla.1989); Byrd v. State, 531 So. 2d 1004, 1007 (Fla. 5th DCA 1988); Cahill v. State, 505 So. 2d 1113, 1114 (Fla. 2d DCA 1987); State v. Eason, 501 So. 2d 696 (Fla. 2d DCA 1987); State v. D’A…
• State v. Arnold, 550 So. 2d 154 (Fla. 5th DCA 1989)
  …. 5th DCA 1985), the information filed against defendant does not specifically allege which of the alternative acts were committed. Upon remand, the State should be given the opportunity to produce evidence to prove victim contact. Blanton v. State, 546 So. 2d 1181 (Fla. 5th DCA 1989); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985). At resentencing, the trial court is instructed to reconsider the scoresheet and impose a guidelines sentence unless a guidelines departure is supported by written reaso…
• Hlad v. State, 565 So. 2d 762 (Fla. 5th DCA 1990)
  …im”, a constitutional violation, in order to place the burden on the State to produce evidence that the prior convictions are constitutionally admissible in either the guilt or penalty phase of a subsequent criminal case. See e.g., Blanton v. State, 546 So. 2d 1181 (Fla. 5th DCA 1989), cause dismissed, 551 So. 2d 460 (Fla.1989); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985); Ousley v. State; Webb v. State, 560 So. 2d 1226 (Fla. 2d DCA 1990); State v. Troehler; and Fla.R.Crim.P. 3.850. . This may b…

Authorities Cited

• Sanders v. State, 510 So. 2d 296 (Fla. 1987)
• Montgomery v. State, 489 So. 2d 1225 (Fla. 5th DCA 1986)
• State v. D'Alexander, 496 So. 2d 1007 (Fla. 2d DCA 1986)