WILLIAM STOKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM STOKES, APPELLANT,
STATE OF FLORIDA, APPELLEE
581 So. 2d 651
Florida District Court of Appeal, Fourth District (1991)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The only issue warranting discussion is the trial court’s failure to enter written reasons for departing from the sentencing guidelines. We reverse in accordance with Ree v. State, 565 So. 2d 1329 (Fla.1990) and Savory v. State, 576 So. 2d 339 (Fla. 4th DCA 1991). On remand, the trial court may not depart from the sentencing guideline sentence. Pope v. State, 561 So. 2d 554 (Fla.1990).
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
LETTS, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Johnson v. State, 640 So. 2d 136 (Fla. 4th DCA 1994)…Defendant appeals the denial of his motion to suppress sixteen cocaine rocks on the ground that the rocks were obtained from an [*137] illegal stop. The issue is whether this is a “stop then drop” ease or a “drop then stop” ease. State v. Fortunato, 581 So. 2d 651 (Fla. 4th DCA 1991). The only evidence at the motion to suppress hearing was the testimony of the arresting officer: Q. You were in a marked police vehicle and in full police uniform; correct? A. That’s correct. Q. You saw the defendant, to your o…
-
Wade v. State, 589 So. 2d 322 (Fla. 1st DCA 1991)….Ed.2d 690 (1991); Sears v. State, 585 So. 2d 1020 (Fla. 5th DCA 1991); Curry v. State, 570 So. 2d 1071 (Fla. 5th DCA 1990); State v. Oliver, 368 So. 2d 1331 (Fla. 3d DCA 1979), cert. dismissed, 383 So. 2d 1200 (Fla.1980). Contra State v. Fortunato, 581 So. 2d 651 (Fla. 4th DCA 1991); Anderson v. State, 576 So. 2d 319 (Fla. 2d DCA 1991). We discern no jurisdictional conflict with the latter two decisions because we are constrained by article I, section 12, of the Florida Constitution to follow the Supreme Cou…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- City OF Tampa v. Redner, 576 So. 2d 339 (Fla. 2d DCA 1991)