JAMES MICHAEL WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JAMES MICHAEL WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
573 So. 2d 363
Florida District Court of Appeal, Second District (1990)
Positive Treatment
Cited by 26 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment and guideline departure sentence in this case on the authority of Williams v. State, 568 So. 2d 1276 (Fla.2d DCA 1990). As in Williams, we certify to the Florida Supreme Court the following question of great public importance:
DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASIS FOR A DEPARTURE SENTENCE BEYOND THE ONE-CELL DEPARTURE PROVIDED IN THE SENTENCING GUIDELINES?
SCHOONOVER, C.J., and CAMPBELL and FRANK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (25 total)
-
M.W. v. Arlonia Davis, 756 So. 2d 90 (Fla. 2000)…ce a child in a residential treatment facility even though no placements are available. See, e.g., Department of Children & Family Servs. v. I.C., 742 So. 2d 401, 403 (Fla. 4th DCA 1999); State Department of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363, 368-69 (Fla. 1st DCA 1991); Department of Health & Rehabilitative Servs. v. V.L., 583 So. 2d 765, 766-67 (Fla. 5th DCA 1991). . In resolving this issue, this Court had the benefit of three amicus briefs with varying views. These views reflect the…
-
C.S. and J.S. v. S.H. and K.H., 671 So. 2d 260 (Fla. 4th DCA 1996)…rt of the separation of powers issue between the judiciary and HRS in this case is the extent to which the trial court was statutorily authorized to scrutinize HRS’s selection decision. See generally State, Dep’t of Health & Rehab. Servs. v. Brooke, 573 So. 2d 363 (Fla. 1st DCA 1991). Both Doe and this court’s decision in L.W. recognize that while trial courts have authority to oversee the status of the child and the progress toward permanent adoptive placement, they are not vested with unlimited authority ov…
-
Simms v. State, 641 So. 2d 957 (Fla. 3d DCA 1994)…ent power does not violate the Constitution. A sister court has determined that the separation of powers clause is not violated when the court orders HRS to take action on behalf of the child. Department of Health & Rehabilitative Servs. v. Brooke, 573 So. 2d 363, 369 (Fla. 1st DCA 1991); Hollis, 439 So. 2d at 948-49. Another court has determined that a guardian ad litem has authority to initiate proceedings for termination of parental rights. Lupinek v. Firth, 619 So. 2d 379 (Fla. 5th DCA 1993). Here, we co…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Lucious Williams v. State, 568 So. 2d 1276 (Fla. 2d DCA 1990)