ANTHONY FORNEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTHONY FORNEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
567 So. 2d 60
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 28 cases
Topics
Explore caselaw by topic → Browse Temporal Proximity Of Offenses cases and more on FLexlaw
Opinion of the Court
PER CURIAM.
This is an appeal from a guidelines departure sentence. The recommended sentence under the guidelines was 12-17 years. The trial court departed and sentenced appellant to 24 years. The reason for departure was “The defendant was recently released from supervision.”
We affirm upon authority of Barfield v. State, 564 So. 2d 616 (Fla. 4th DCA 1990). As in Barfield we certify the following question to be of great public importance:
DOES THE TEMPORAL PROXIMITY OF CRIMES ALONE PROVIDE A VALID REASON FOR DEPARTURE FROM THE SENTENCING GUIDELINES WITHOUT A FINDING OF A PERSISTENT PATTERN OF CRIMINAL CONDUCT?
AFFIRMED.
LETTS, WALDEN and WARNER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (28 total)
-
Cleveland Grant v. State, 837 So. 2d 1075 (Fla. 4th DCA 2003)…then he can file a petition for writ of mandamus in the circuit court in the county in which he is incarcerated. See Jefferson v. State, 830 So. 2d 195, 197 (Fla. 4th DCA 2002); Colson v. State, 830 So. 2d 194 (Fla. 4th DCA 2002); Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990). The county jail where appellant was incarcerated after sentencing was required, when delivering Grant to the Department, to certify in writing “[t]he date the sentence was imposed and the date the prisoner was delivered to the d…
-
Bowles v. State, 647 So. 2d 1056 (Fla. 5th DCA 1994)…before the trial court). Bowles’ entitlement to relief, if any, is properly sought through administrative proceedings, and, if necessary, by filing a petition for mandamus naming the Department of Corrections as respondent. See Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990); Brown, 427 So. 2d at 822. AFFIRMED. DIAMANTIS and THOMPSON, JJ., concur.…
-
Smith v. State, 785 So. 2d 1237 (Fla. 4th DCA 2001)…trative complaint with the department, and then, if necessary, by filing a petition for writ of mandamus against the Department in the circuit court where he is incarcerated. See Taylor v. State, 677 So. 2d 75 (Fla. 4th DCA 1996); Killings v. State, 567 So. 2d 60 (Fla. 4th DCA 1990); Green v. State, 698 So. 2d 575, 576 (Fla. 5th DCA 1997), cause dismissed, 705 So. 2d 901 (Fla.1997). Our affirmance is without prejudice to his doing so. DELL, STONE, and TAYLOR, JJ., concur.…
Previewing 3 of 28 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tobias Barfield v. State, 564 So. 2d 616 (Fla. 4th DCA 1990)