JOHN MOTEN, A/K/A DONNY WILLIAMS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOHN MOTEN, A/K/A DONNY WILLIAMS, APPELLANT,
STATE OF FLORIDA, APPELLEE
579 So. 2d 916
Florida District Court of Appeal, Second District (1991)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the judgment and sentence in this case, including the departure from the sentence recommended by sentencing guidelines. See 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?
SCHEB, A.C.J., and FRANK and HALL, JJ.,- concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Maguire v. State, 586 So. 2d 1268 (Fla. 2d DCA 1991)…ears probation. He maintains that a second violation of probation does not constitute a valid basis for departure beyond the one-cell bump allowed under the guidelines. This court has certified this question to the Supreme Court. See Moten v. State, 579 So. 2d 916 (Fla. 2d DCA 1991). As in Moten, we affirm the judgment and sentence, including the departure, and certify to the Florida Supreme Court the following question of great public importance: DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASI…
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Moten v. State, 594 So. 2d 289 (Fla. 1992)…PER CURIAM. We review Moten v. State, 579 So. 2d 916 (Fla. 2d DCA 1991), in which the district court of appeal certified the following as a question of great public importance: DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASIS FOR A DEPARTURE SENTENCE BEYOND THE ONE-CELL DEPARTURE PROVID…
Authorities Cited
- Lucious Williams v. State, 568 So. 2d 1276 (Fla. 2d DCA 1990)