FLORIDIANS FOR A LEVEL PLAYING FIELD

v.

FLORIDIANS AGAINST EXPANDED GAMBLING

Citator

Cited By

• Stancliff v. State, 996 So. 2d 259 (Fla. 1st DCA 2008)
  …d departure); Gisi v. State, 948 So. 2d 816 (Fla. 2d DCA 2007) (“[A] decision not to depart is generally not reviewable on appeal as it is discretionary with the trial court, provided only that the statutory maximum is not exceeded.”), rev. granted, 952 So. 2d 1189 (Fla.2007); Wyden v. State, 958 So. 2d 540 (Fla. 3d DCA 2007) (“We lack even the authority to consider the trial court’s failure to downward depart.”). AFFIRMED. KAHN and PADOVANO, JJ., concur.…
• Johnson v. State, 3 So. 3d 412 (Fla. 3d DCA 2009)
  …v. State, 852 So. 2d 226 (Fla.2003). The State contends that the defendant could have, and should have, raised the issue on direct appeal. We rejected that exact argument in Cueto v. State, 937 So. 2d 144, 145-46 (Fla. 3d DCA 2006), review denied, 952 So. 2d 1189, 952 So. 2d 1191 (Fla.2007). As already stated, the Bruno decision holds that “[a]s a rule, he or she can only raise an ineffectiveness claim via a rule 3.850 motion, even if the same underlying facts also supported, or could have supported, a claim…
• Walker v. State, 964 So. 2d 886 (Fla. 2d DCA 2007)
  …status. During a de novo sentencing hearing, “both sides are free to argue or present evidence on whatever factors the law permits a trial court to consider before imposing sentence.” Gisi v. State, 948 So. 2d 816, 819 (Fla. 2d DCA), review granted, 952 So. 2d 1189 (Fla.2007); see also Street v. State, 899 So. 2d 440, 441 (Fla. 4th DCA 2005). Thus, in my view, mandating a guidelines sentence on remand here is legally unjustified and serendipitous to Walker.…