GARY EDWIN SITAR, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
GARY EDWIN SITAR, PETITIONER,
STATE OF FLORIDA, RESPONDENT
548 So. 2d 1115
Florida Supreme Court (1989)
Positive Treatment
Cited by 4 cases
Opinion of the Court
KOGAN, Judge.
We have for review Sitar v. State, 530 So. 2d 1000 (Fla. 4th DCA 1988), based on express and direct conflict with State v. McGriff, 537 So. 2d 107 (Fla.1989). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court in this case directly relied on its prior opinion in Abt v. State, 528 So. 2d 112 (Fla. 4th DCA 1988), which subsequently has been quashed by this Court. Abt v. State, 541 So. 2d 614 (Fla.1989) (citing McGriff). Accordingly, we quash the opinion below and remand for reconsideration in light of this Court’s holdings in McGriff and Abt.
It is so ordered. EHRLICH, C.J., and OVERTON, McDonald, SHAW, BARKETT and GRIMES, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sitar v. State, 553 So. 2d 232 (Fla. 4th DCA 1989)…GUNTHER, Judge. After reconsideration upon remand from the Florida Supreme Court in Sitar v. State, 548 So. 2d 1115 (Fla.1989), appellant’s sentence is affirmed. State v. McCall, 524 So. 2d 663 (Fla.1988); Hall v. State, 517 So. 2d 692 (Fla.1988); and Albritton v. State, 476 So. 2d 158 (Fla.1985). DOWNEY and STONE, JJ., concur.…
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State v. Lacey, 553 So. 2d 778 (Fla. 4th DCA 1989)…ncing. The 1987 amendment to section 921.001(5) — which provides that if multiple reasons exist to support a departure the sentence will be upheld if at least one reason is valid — cannot be retroactively applied to the instant case. Sitar v. State, 548 So. 2d 1115 (Fla.1989); Abt v. State, 541 So. 2d 614 (Fla.1989); State v. McGriff, 537 So. 2d 107 (Fla.1989). Therefore, Albritton v. State, 476 So. 2d 158 (Fla.1985), is applicable. D'Angelo v. State, 541 So. 2d 706 (Fla. 4th DCA), jurisdiction accepted, 548 S…
Authorities Cited
- State v. McGRIFF, 537 So. 2d 107 (Fla. 1989)
- ABT v. State, 528 So. 2d 112 (Fla. 4th DCA 1988)
- ABT v. State, 541 So. 2d 614 (Fla. 1989)
- Sitar v. State, 530 So. 2d 1000 (Fla. 4th DCA 1988)
- Molden v. State, 530 So. 2d 1000 (Fla. 1st DCA 1988)