RONICA STEPHENS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
RONICA STEPHENS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
549 So. 2d 187
Florida Supreme Court (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We accepted jurisdiction to review Stephens v. State, 513 So. 2d 1275 (Fla. 3d DCA 1987), because of apparent conflict with Gurganus v. State, 451 So. 2d 817 (Fla.1984), concerning the defense of diminished capacity. Art. V, § 3(b)(3), Fla. Const. After we accepted jurisdiction, however, we settled the issue in Chestnut v. State, 538 So. 2d 820 (Fla.1989). As the opinion in the court below is consistent with Chestnut, we dismiss the petition for review.
It is so ordered.
EHRLICH, C.J., and OVERTON, McDonald, SHAW, BARKETT and GRIMES, JJ., concur. KOGAN, J., did not participate in this case.
NO MOTION FOR REHEARING WILL BE ENTERTAINED BY THE COURT.
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
- Chestnut v. State, 538 So. 2d 820 (Fla. 1989)
- Gurganus v. State, 451 So. 2d 817 (Fla. 1984)
- Martin v. Duval Cnty. Hosp. Auth., 513 So. 2d 1275 (Fla. 1st DCA 1987)