STATE OF FLORIDA, PETITIONER,
v.
CHARLES E. MCCRAY, RESPONDENT
STATE OF FLORIDA, PETITIONER,
CHARLES E. MCCRAY, RESPONDENT
557 So. 2d 33
Florida Supreme Court (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
McDONALD, Justice.
We approve the district court’s dismissing the state’s appeal as untimely filed, State v. McCray, 544 So. 2d 313 (Fla. 2d DCA 1989), because we have decided this issue in Fox v. District Court of Appeal, 553 So. 2d 161 (Fla.1989), and State v. Hieber, 553 So. 2d 704 (Fla.1989), adversely to the state.
It is so ordered.
EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and ' KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Parker v. State, 636 So. 2d 794 (Fla. 1st DCA 1994)…followed by three years of probation, a condition of which was serving sixty days in the county jail. See Fla. R.Crim.P. 3.988(j). The stacking of probation and community control is proper. Skeens v. State, 556 So. 2d 1113 (Fla.1990); State v. Reed, 557 So. 2d 33 (Fla.1990). However, “when the presumptive guideline sentence directs community control or incarceration, the imposition of both represents a departure from the sentencing guidelines, requiring proper written reasons for the departure.” State v. Van…
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Domberg v. State, 636 So. 2d 527 (Fla. 1st DCA 1994)…reasons for departure. Davis v. State, 606 So. 2d 470 (Fla. 1st DCA 1992); Wright v. State, 617 So. 2d 837, 841 (Fla. 4th DCA 1993); Vara v. State, 575 So. 2d 306, 307 (Fla. 2d DCA 1991); State v. McCray, 544 So. 2d 313 (Fla. 2d DCA 1989), approved, 557 So. 2d 33 (Fla.1990); Hawryluk v. State, 543 So. 2d 1318 (Fla. 5th DCA 1989); State v. Ealy, 533 So. 2d 1173, 1174 (Fla. 2d DCA 1988). In the instant case, the portions of the record furnished by the parties establish that the subject judgment and sentences…
Authorities Cited
- FOX v. Dist. Court OF Appeal, 553 So. 2d 161 (Fla. 1989)
- Salazar v. State, 544 So. 2d 313 (Fla. 2d DCA 1989)
- State v. McCRAY, 544 So. 2d 313 (Fla. 2d DCA 1989)
- State v. Hieber, 553 So. 2d 704 (Fla. 1989)