JULIE EDDY, F/K/A JULIE NAPIER, APPELLANT,

v.

JAMES A. NAPIER, APPELLEE

Citator

Cited By

• State v. Lamarion Maurice Solomon, 667 So. 2d 937 (Fla. 2d DCA 1996)
  …tutory maximum. See § 775.082(3)(d), Fla.Stat. (1993). Second, because the suspended prison sentence did not require Solomon to serve the minimum sentence required by the guidelines, the sentence constitutes a downward departure. See State v. Waldo, 582 So. 2d 820 (Fla. 2d DCA 1991). See also Salemi v. State, 636 So. 2d 824 (Fla. 2d DCA 1994). When the record reflects that the trial court was aware it was imposing a departure sentence and failed to provide written reasons for the departure, on remand the tr…
• Roberts v. State, 685 So. 2d 1277 (Fla. 1996)
  …(Emphasis added.) The district court first determined that the district courts that have interpreted committee note (d)(12) have found that, when a judge properly departs from the guidelines, the committee note does not control. See State v. Waldo, 582 So. 2d 820 (Fla. 2d DCA 1991); State v. Rice, 464 So. 2d 684 (Fla. 5th DCA 1985). The district court then found that this previous case law provided a basis to conclude that an exception existed for the current provision in ;the rule for departure sentences, e…
• Roberts v. State, 677 So. 2d 309 (Fla. 1st DCA 1996)
  …minimum guidelines range. Comm. Note (d)(12) Fla. R.Crim.P. 3.701. The trial judge may, of course, depart from this requirement if he provides a valid written reason for doing so. State v. McCall, 573 So. 2d 362 (Fla. 5th DCA 1990). State v. Waldo, 582 So. 2d 820, 821 (Fla. 2d DCA 1991) (emphasis added); see also Baggett v. State, 637 So. 2d 303, 304 (Fla. 1st DCA 1994) (stating that “no written reasons were required” since the maximum of the guidelines range was 27 years and the split sentence imposed was 2…