ANTHONY F. PAYNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1989-12-08
Nos. 88-2597, 88-2598
BOOTH and WIGGINTON, JJ., concur.
553 So. 2d 376 Florida District Court of Appeal, First District (1989) Positive Treatment
Cited by 6 cases

Opinion of the Court
BARFIELD, Judge.

BARFIELD, Judge.

We affirm Case No. 88-2597, but reverse the imposition of consecutive life sentences in Case No. 88-2598, and remand to the trial court to correct appellant’s sentence and impose the life sentences to run concurrently with each other. AFFIRM Case No. 88-2597; REVERSE and REMAND Case No. 88-2598.

BOOTH and WIGGINTON, JJ., concur.


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  • Boudreaux v. State, 578 So. 2d 457 (Fla. 1st DCA 1991)
    …e reversed the condition of probation imposed upon appellant that he pay court costs and attorney’s fees, but declined to consider the remaining conditions because appellant had failed to make a contemporaneous objection thereto. Boudreaux v. State, 553 So. 2d 376 (Fla. 1st DCA 1989). The supreme court accepted conflict jurisdiction, and quashed our decision pursuant to its decision in Larson v. State, 572 So. 2d 1368 (Fla.1991). Boudreaux v. State, 572 So. 2d 1372 (Fla.1991). On remand from the supreme court…
  • State v. Whiddon, 554 So. 2d 651 (Fla. 1st DCA 1989)
    …ccurring before its enactment, and it must disadvantage the offender affected by it.” (Emphasis added, footnotes omitted.) Consequently, it is our opinion that the state has no standing to pursue an ex post facto challenge. Accord Roberson v. State, 553 So. 2d 376 (Fla. 1st DCA 1989). But see State v. Williams, 546 So. 2d 809 (Fla. 4th DCA 1989) (court approved state’s ex post facto argument, without addressing issue of standing). Second, the application of the amended guidelines to Whiddon’s offenses, which…
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    …PER CURIAM. We have for review Boudreaux v. State, 553 So. 2d 376 (Fla. 1st DCA 1989), based on express and direct conflict with Coulson v. State, 342 So. 2d 1042 (Fla. 4th DCA 1977). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The question posed by this case is the same as that in Larson v. State, 572…

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