WILLIAM FELTS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. | 1989-09-28
No. 71915
EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
549 So. 2d 1373 Florida Supreme Court (1989) Caution
Cited by 14 cases


Opinion of the Court
McDONALD, Justice.

McDONALD, Justice.

In Felts v. State, 537 So. 2d 995, 1002 (Fla. 1st DCA 1988), the district court certified the following question as being 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.

We answered the identical question in the negative in State v. McGriff, 537 So. 2d 107 (Fla.1989). Therefore, we approve the decision of the district court on rehearing.* 537 So. 2d at 1004-06.

It is so ordered.

EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. *

The original appellate panel affirmed Felts’ sentence and certified the question set out above. On rehearing en banc, however, the district court reversed and remanded for resentencing, but adhered to the question certified in the original opinion.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …Press Pub. Co., Inc., 538 So. 2d 457 (Fla.1989); Sandlin v. Criminal Justice Standards & Training Commission, 531 So. 2d 1344 (Fla.1988); Vildibill v. Johnson, 492 So. 2d 1047 (Fla.1986); Felts v. State, 537 So. 2d 995 (Fla. 1st DCA 1988), approved, 549 So. 2d 1373 (Fla.1989); Southeast Volusia Hosp. v. State, Dept. of Ins., 478 So. 2d 820 (Fla. 1st DCA), rev. denied, Tallahassee Memorial Regional Medical Center v. Florida Patients Compensation Fund, 476 So. 2d 676 (Fla.1985). All reasonable doubt must be reso…
  • Taccariello v. State, 664 So. 2d 1118 (Fla. 4th DCA 1995)
    …in this case. In State v. Mischler, 488 So. 2d 523 (Fla. 1986), clarified on other grounds, State v. Rousseau, 509 So. 2d 281 (Fla.1987), superseded by statute on other grounds, Felts v. State, 537 So. 2d 995 (Fla. 1st DCA 1988), decision approved, 549 So. 2d 1373 (Fla.1989), our supreme court specifically rejected breach of a fiduciary relationship as a reason justifying departure in eases involving the crime of grand theft. Our supreme court reasoned as follows: The trial court cited the fiduciary relation…
  • State v. Nathan, 632 So. 2d 127 (Fla. 1st DCA 1994)
    …based upon circumstances reasonably justifying departure, and the evidence must be sufficient to support the trial court’s finding of such circumstance by a preponderance of the evidence. Felts v. State, 537 So. 2d 995 (Fla. 1st DCA 1988), approved, 549 So. 2d 1373 (Fla.1989); § 921.001, Fla.Stat. (Supp.1992). Of the four reasons set forth by the trial court as justifying downward departure, appellee makes no response to the State’s contentions that his loss of gain time and the fact that he committed no furt…

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