LEROY BARNES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
LEROY BARNES, APPELLANT,
STATE OF FLORIDA, APPELLEE
553 So. 2d 778
Florida District Court of Appeal, Fourth District (1989)
Negative Treatment
Cited by 21 cases
Opinion of the Court
PER CURIAM.
We affirm appellant’s conviction but reverse the sentencing order and remand for a new sentencing proceeding. The state has conceded that the trial court must impose sentence in accord with the plea agreement or permit appellant an opportunity to withdraw his plea. See Reaves v. State, 417 So. 2d 1000 (Fla. 4th DCA 1982). The issues as to the absence of a guidelines scoresheet and the taxation of costs without notice are mooted by our reversal of the sentence, although the state has conceded error on these issues too.
DOWNEY, ANSTEAD and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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LEE v. State, 223 So. 3d 342 (Fla. 1st DCA 2017)…ences of a criminal conviction. The sentencing guidelines do not provide special treatment for the trained, educated or licensed. To achieve equality in sentencing, trial judges must be blind as to the color of a defendant’s collar.” State v. Lacey, 553 So. 2d 778, 780 (Fla. 4th DCA 1989). The trial court also noted that Lee had the support of his family when it decided to impose a departure sentence. However, the fact that a defendant has strong family support has been rejected as a valid reason for a depar…
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State v. Johns, 576 So. 2d 1332 (Fla. 5th DCA 1991)…a basis to mitigate his sentence. The second reason for the downward departure is the fact that the defendant's conviction has caused the revocation of his certification and thus his career as a police officer has been destroyed. In State v. Lacey, 553 So. 2d 778 (Fla. 4th DCA 1989), the trial court departed downward citing in part the reason that the defendant had suffered enough and that the conviction would have a possible adverse effect on his professional future. On appeal, the court rejected this reaso…
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Rafferty v. State, 799 So. 2d 243 (Fla. 2d DCA 2001)…enses are family members or loved ones. Similarly, the Fourth District has concluded that a finding that the defendant has “suffered enough” for his crime because of related sentences was insufficient to support a downward departure. State v. Lacey, 553 So. 2d 778 (Fla. 4th DCA 1989). Additionally, it would not be good policy for the legislature to punish those with families to support less than those without families. Cf. State v. Bray, 738 So. 2d 962 (Fla. 2d DCA 1999) (holding that the fact that a defendan…
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- Reaves v. State, 417 So. 2d 1000 (Fla. 4th DCA 1982)