AARON HAMILTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Factors related to violation of probation or community control cannot support a departure from sentencing guidelines.
Hamilton was convicted of drug offenses and placed on community control. His community control was revoked based on barn-burning charges, leading to a…
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PER CURIAM.
We have for review Hamilton v. State, 533 So. 2d 926 (Fla. 5th DCA 1988), which conflicts with Lambert v. State, 545 So. 2d 838 (Fla.1989). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We quash the decision of the district court.
Hamilton was convicted of committing several drug offenses and was placed on community control. Following his arrest for barn-burning, the court revoked his community control and, departing from the guidelines range of two-and-one-half to three-and-one-half years, sentenced him to concurrent fifteen-year terms of imprisonment for the drug offenses based upon the barn-burnings. He was later acquitted of the arsons.
In Lambert we held that factors related to violation of probation or community control cannot support departure. The one-cell bump-up provided for in the guidelines is the only allowable increase. See Fla.R. Crim.P. 3.701(d)(4). We quash the district court’s decision and remand for resentencing within the guidelines.
It is so ordered.
EHRLICH, C.J., and SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. OVERTON and McDONALD, JJ., dissent.
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Williams v. State, 553 So. 2d 365 (Fla. 5th DCA 1989)…ormed by another person in another city) from the category of hearsay, normally inadmissible in evidence at trial. This case is different from Young v. State, 519 So. 2d 719 (Fla. 5th DCA 1988), quashed on other grounds, sub nom., Hamilton v. State, 548 So. 2d 234 (Fla.1989), and Hayes v. State, 345 So. 2d 765 (Fla. 4th DCA 1977), because in those cases, in addition to the lab tests, police officers testified they made positive field tests on the illegal substances seized at the time of the arrests. The lab t…
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King v. State, 648 So. 2d 183 (Fla. 1st DCA 1994)…urt approved this position in Franklin v. State, 545 So. 2d 851 (Fla.1989). A 6-1 majority approved it in Dewberry v. State, 546 So. 2d 409 (Fla.1989). A 6-1 majority approved it in Dewberry v. State, 546 So. 2d 409 (Fla.1989). In Hamilton v. State, 548 So. 2d 234 (Fla.1989) a 5-2 majority again held that factors relating to violations of probation cannot support departure. Lipscomb v. State, 573 So. 2d 429, 431 (Fla. 5th DCA 1991). Looked at one way, when a probationary split sentence is imposed the origin…
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Coney v. State, 560 So. 2d 429 (Fla. 5th DCA 1990)…PER CURIAM. The defendant appeals his departure sentence on the basis that no departure beyond the one-cell bump up is permitted under the guidelines. See Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Hamilton v. State, 548 So. 2d 234 (Fla.1989); Dewberry v. State, 546 So. 2d 409 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). We agree. The defendant’s departure sentence is vacated and the cause remanded for resentenc…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Hamilton v. State, 533 So. 2d 926 (Fla. 5th DCA 1988)