DAVID DAVIS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
DAVID DAVIS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
549 So. 2d 187
Florida Supreme Court (1989)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
We have for review Davis v. State, 534 So. 2d 821 (Fla. 4th DCA 1988), which certified the following question of great public importance:
Whether that portion of Chapter 87-110, Laws of Florida, which amends section 921.001(5), Florida Statutes, is applicable to appellate review of sentences imposed for offenses which were committed prior to July 1, 1987?
Id. at 823. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We have answered the certified question in the negative in State v. McGriff, 537 So. 2d 107 (Fla.1989). Accord Abt v. State, 541 So. 2d 614 (Fla.1989). Thus, we quash the opinion below and remand for reconsideration in light of our holding in McGriff We do not address the issues raised in the briefs lying beyond the scope of the certified question.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Darrisaw v. State, 642 So. 2d 615 (Fla. 4th DCA 1994)…every case where a defendant has a prior conviction, a result clearly in conflict with the purposes of the sentencing guidelines. Id. at 791. Our court followed Smith in Davis v. State, 534 So. 2d 821 (Fla. 4th DCA 1988), quashed on other grounds, 549 So. 2d 187 (Fla.1989), where this court disapproved the escalating pattern of criminal activity as a reason for departure where defendant’s prior conviction was a “not included” strong arm robbery and the present convictions were robbery with a deadly weapon a…
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Williams v. State, 691 So. 2d 1158 (Fla. 4th DCA 1997)…ny compulsion to document one of 11 contacts. Nor, apparently for the same reason, did defense counsel insist on corroboration as to the single challenged disposition. In Davis v. State, 534 So. 2d 821 (Fla. 4th DCA 1988), quashed on other grounds, 549 So. 2d 187 (Fla.1989), we stated that: “[A]s one swallow does not a summer make, neither does one prior ‘not included’ strong arm robbery establish a sufficient pattern of escalating criminal conduct to support a departure.” Davis, 534 So. 2d at 822; see als…
Authorities Cited
- State v. McGRIFF, 537 So. 2d 107 (Fla. 1989)
- Davis v. State, 534 So. 2d 821 (Fla. 4th DCA 1988)
- ABT v. State, 541 So. 2d 614 (Fla. 1989)