DARRYL EUGENE SPENCER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-04-24
No. 89-1084
Before BARKDULL, JORGENSON and LEVY, JJ.
559 So. 2d 1298 Florida District Court of Appeal, Third District (1990) Negative Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See and compare State v. Ruiz, 526 So. 2d 170 (Fla. 3d DCA 1988); Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); United States v. Berryhill, 445 F. 2d 1189 (9th Cir.1971).


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  • Gonzalez v. The Honorable Sidney B. Shapiro, 574 So. 2d 1193 (Fla. 3d DCA 1991)
    …ly set aside; it was a downward departure, below the statutory minimum mandatory sentence. We therefore re [*1194] mand with instructions to the trial court to permit defendant Gonzalez to withdraw his plea and proceed to trial. State v. Baez-Acuna, 559 So. 2d 1298 (Fla. 3d DCA 1990). Certiorari granted.…
  • State v. Hill, 585 So. 2d 504 (Fla. 3d DCA 1991)
    …ity to deviate from the three year minimum mandatory sentence required by section 893.13(1)(e)1, Florida Statutes (1989); State v. Rodriguez, 585 So. 2d 504 (Fla. 3d DCA 1991); State v. Padron, 580 So. 2d 903 (Fla. 3d DCA 1991); State v. Baez-Acuna, 559 So. 2d 1298 (Fla. 3d DCA 1990), the sentence is vacated and the cause remanded for further proceedings. The defendant shall be granted the opportunity to withdraw the guilty plea which was based upon the offer of a reduced sentence. Padron, 580 So. 2d 903; Baez…
  • State v. Merlene Walker, 588 So. 2d 1097 (Fla. 4th DCA 1991)
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