JULIO PEREZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
JULIO PEREZ, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
554 So. 2d 14
Florida District Court of Appeal, Third District (1989)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
Based on a community control violation, the trial court imposed a departure sentence greater than the one cell upward increase in the guidelines provided by Florida Rule of Criminal Procedure 3.701 d 14. See Lambert v. State, 545 So. 2d 838 (Fla.1989). Ree v. State (Fla. Case no. 71,424, opinion filed, November 16, 1989) [14 FLW 565] conclusively establishes that such a deviation is impermissible in all circumstances. See also Ferguson v. State, 550 So. 2d 1176 (Fla. 3d DCA 1989), and cases cited. Accordingly, the sentence under review is reversed with directions to resen-tence the defendant pursuant to Rule 3.701 d 14.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Padgett v. State, 553 So. 2d 774 (Fla. 3d DCA 1989)…ell upward increase beyond that prescribed by the guidelines. As the state concedes, this was erroneous. Ree v. State (Fla. Case no. 71,424, opinion filed, November 16, 1989) [14 FLW 565]; Lambert v. State, 545 So. 2d 838 (Fla.1989); Perez v. State, 554 So. 2d 14 (Fla.3d DCA 1989). Accordingly, the sentence under review is reversed with directions to resen-tence the defendant, pursuant to Florida Rule of Criminal Procedure 3.701 d 14, to no more than one cell above that otherwise provided by the sentencing g…
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Jackson v. State, 556 So. 2d 813 (Fla. 5th DCA 1990)…nal guidelines sentence and the one cell increase for violation of probation. Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Dewberry v. State, 546 So. 2d 409 (Fla.1989); Lambert v. State, 545 So. 2d 838 (Fla.1989); Maddox, supra; Perez v. State, 554 So. 2d 14 (Fla.3d DCA 1989); Banks v. State, 553 So. 2d 759 (Fla. 2d DCA 1989); Ferguson v. State, 550 So. 2d 1176 (Fla. 3d DCA 1989); see also Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989). Therefore, the sentence imposed is vacated and the cause remand…
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Ramsey v. State, 562 So. 2d 394 (Fla. 5th DCA 1990)…v. State, 558 So. 2d 119 (Fla. 5th DCA 1990); Phaneuf v. State, 557 So. 2d 685 (Fla. 5th DCA 1990); Glenn v. State, 557 So. 2d 667 (Fla. 5th DCA 1990); Jackson, supra; Maddox, supra; Teer v. State, 557 So. 2d 910 (Fla. 1st DCA 1990); Perez v. State, 554 So. 2d 14 (Fla. 3d DCA 1989); Banks v. State, 553 So. 2d 759 (Fla. 2d DCA 1989); Ferguson v. State, 550 So. 2d 1176 (Fla. 3d DCA 1989). See also Scott v. State, 550 So. 2d 111 (Fla. 4th DCA 1989), rev. dismissed, 560 So. 2d 235 (Fla.1990). Therefore, the sent…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- State v. Jimeno, 550 So. 2d 1176 (Fla. 3d DCA 1989)