STATE OF FLORIDA, APPELLANT,

v.

CLIFTON NMN RANDALL, JR., APPELLEE

Citator

Cited By

• Schiming v. State, 617 So. 2d 813 (Fla. 5th DCA 1993)
  …se, the opinion would have vacated or reversed the sentences on the other four counts and directed that the defendant be resentenced on them. This appeal followed. As for appellant’s guidelines sentences, this court’s decision in Kirtsey v. State, 553 So. 2d 395 (Fla. 5th DCA 1989), is controlling. In Kirtsey this court recognized that, when it previously reversed a kidnapping charge and affirmed the other convictions and sentences, it failed to consider that the removal of the kidnapping conviction from th…
• State v. Hysell, 569 So. 2d 866 (Fla. 5th DCA 1990)
  …the same as entry into the bank, which subjects Hysell to a burglary charge. EFFECT OF TRAVERSE The State asserts that State v. Sawyer, 526 So. 2d 191 (Fla. 3d DCA 1988), State v. McKinnon, 546 So. 2d 464 (Fla. 4th DCA 1989), and State v. Randall, 553 So. 2d 395 (Fla. 5th DCA 1989) mandate a denial of the motion to dismiss if a traverse [*867] is filed specifically denying the allegations of the motion. But this is only true if the traverse creates a dispute as to material, evidentiary facts. The traverse f…
• Fullwood v. State, 558 So. 2d 168 (Fla. 5th DCA 1990)
  …5 count III should have been considered in determining Fullwood’s total sentence even though probation as to count III was not revoked. In other words, the offenses from one scoresheet must be treated in relation to each other. See Kirtsey v. State, 553 So. 2d 395 (Fla. 5th DCA 1989) (in reversing a conviction for kidnapping, this court should not have affirmed the sentences for other offenses since the removal of the kidnapping may have resulted in a lower guidelines recommended sentence). Since the incarcer…

Authorities Cited

• State v. Hunwick, 446 So. 2d 214 (Fla. 4th DCA 1984)
• State v. Grady Leon Pentecost, 397 So. 2d 711 (Fla. 5th DCA 1981)