STATE OF FLORIDA, APPELLANT,
v.
MAURICE SMILEY, APPELLEE

Fla. 4th DCA | 1991-10-09
No. 90-2595
GLICKSTEIN, C.J., and POLEN and FARMER, JJ., concur.
591 So. 2d 261 Florida District Court of Appeal, Fourth District (1991) Negative Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

REVERSED. See State v. McCloud, 577 So. 2d 939 (Fla.1991) and section 775.-021(4)(a), Fla.Stat. (1989).

GLICKSTEIN, C.J., and POLEN and FARMER, JJ., concur.


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  • Jenkins v. State, 603 So. 2d 509 (Fla. 1992)
    …PER CURIAM. Upon the authority of Scates v. State, 603 So. 2d 504 (Fla.1992), we quash State v. Jenkins, 591 So. 2d 261 (Fla. 4th DCA 1991), and remand with directions to reinstate Jenkins’ probation. It is so ordered. BARKETT, C.J., and OVERTON, SHAW and KOGAN, JJ., concur. GRIMES, J., dissents with an opinion, in which HARDING, J., concurs. McDONALD, J., di…
  • State v. Branch, 613 So. 2d 47 (Fla. 4th DCA 1991)
    …PER CURIAM. REVERSED on authority of State v. Baxter, 581 So. 2d 937 (Fla. 4th DCA 1991); State v. Jenkins, 591 So. 2d 261 (4th DCA 1991). DOWNEY, HERSEY and DELL, JJ., concur.…
  • Branch v. State, 626 So. 2d 653 (Fla. 1993)
    …PER CURIAM. We review State v. Branch, 613 So. 2d 47 (Fla. 4th DCA 1991), in which the district court of appeal reversed a downward departure sentence on the authority of State v. Jenkins, 591 So. 2d 261 (Fla. 4th DCA 1991). Because Jenkins was pending in this Court, we accepted jurisdiction of the instant ease under article V, section 3(b)(3) of the Florida Constitution. Jollie v. State, 405 So. 2d 418 (Fla.1981). In Scates v. State, 603 So. 2d 5…

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