DENNIS WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DENNIS WRIGHT, APPELLANT,
STATE OF FLORIDA, APPELLEE
554 So. 2d 554
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 8 cases
Opinion of the Court
[*555] COBB, Judge.
In this ease the trial court entered a departure sentence for the stated reason that the defendant had twice violated his probation. Subsequent to that sentence, the Florida Supreme Court specifically prohibited this reason for departure. Lambert v. State, 545 So. 2d 838 (Fla.1989); see also Branton v. State, 548 So. 2d 882 (Fla. 5th DCA 1989).
The departure basis for the fifteen-year sentence imposed herein is invalid. Accordingly, we reverse the sentence and remand for resentencing. Cf. Shull v. Dugger, 515 So. 2d 748 (Fla.1987).
SENTENCE REVERSED.
DANIEL, C.J., and GOSHORN, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Williams v. State, 559 So. 2d 680 (Fla. 2d DCA 1990)…on should be certified as a question of great public importance. However, since I concur with our sister court’s interpretation of Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989), and Lambert v. State, 545 So. 2d 838 (Fla.1989), in Wright v. State, 554 So. 2d 554 (Fla. 5th DCA 1989), and Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989), I would hold that multiple violations of probation may no longer be considered a valid reason for departure. I acknowledge that the supreme court in Adams v. State, 490…
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Washington v. State, 564 So. 2d 168 (Fla. 5th DCA 1990)…e also Rule 3.701d.8. . See Florida Rule of Criminal Procedure 3.701d.ll. See also Lambert v. State, 545 So. 2d 838 (Fla.1989); Jackson v. State, 560 So. 2d 405 (Fla. 5th DCA 1990); Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Wright v. State, 554 So. 2d 554 (Fla. 5th DCA 1989); and Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). . Pope v. State, 561 So. 2d 554 (Fla.1990). . See note 1 and Wiggins v. State, 559 So. 2d 262 (Fla. 5th DCA 1990); Roberson v. State, 555 So. 2d 976 (Fla. 1st DCA 1990)…
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Boyd v. State, 561 So. 2d 1366 (Fla. 5th DCA 1990)…(Fla.1989); Ree v. State, 14 F.L.W. 565 (Fla. Nov. 16, 1989); Quarles v. State, 556 So. 2d 476 (Fla. 5th DCA 1990); Barton v. State, 553 So. 2d 799 (Fla. 5th DCA 1989). See also Jackson v. State, 560 So. 2d 405 (Fla. 5th DCA 1990); Wright v. State, 554 So. 2d 554 (Fla. 5th DCA 1989); and Maddox v. State, 553 So. 2d 1380 (Fla. 5th DCA 1989). . See Shull v. Dugger, 515 So. 2d 748 (Fla.1987).…
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- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- Branton v. State, 548 So. 2d 882 (Fla. 5th DCA 1989)