ROBERT RAY FERGUSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ROBERT RAY FERGUSON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
566 So. 2d 255
Florida Supreme Court (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
BARKETT, Judge.
We have for review Ferguson v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989), which is in express and direct conflict with the Second District Court of Appeal’s decision in Crigler v. State, 526 So. 2d 176 (Fla. 2d DCA 1988). We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida Constitution.
The issue here was resolved adversely to the state in Pope v. State, 561 So. 2d 554 (Fla.1990). For the reasons stated in Pope, we quash the decision of the district court and remand with directions to impose a guidelines sentence.
It is so ordered.
SHAW, C.J., and OVERTON, MCDONALD, EHRLICH, GRIMES and KOGAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robinson v. State, 571 So. 2d 429 (Fla. 1990)…, we held that “when an appellate court reverses a departure sentence because there were no written reasons, the court must remand for resentencing with no possibility of departure from the guidelines.” 561 So. 2d at 556. See also Ferguson v. State, 566 So. 2d 255 (Fla.1990). Accordingly, we quash that portion of the decision below which would permit the trial court to depart from the recommended guideline sentence. We remand to the district court with directions to remand to the trial court for sentencing w…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Crigler v. State, 526 So. 2d 176 (Fla. 2d DCA 1988)
- LeFRESNE v. State, 526 So. 2d 176 (Fla. 2d DCA 1988)
- Ferguson v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989)
- Heath v. State, 548 So. 2d 1183 (Fla. 5th DCA 1989)