EUGENE BUCHANAN, ETC., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
EUGENE BUCHANAN, ETC., PETITIONER,
STATE OF FLORIDA, RESPONDENT
592 So. 2d 676
Florida Supreme Court (1992)
Positive Treatment
Cited by 10 cases
Topics
Fla. R. Crim. P. 3.800(B)
Downward Departure From Sentencing Guidelines
Downward Departure
Sentencing Guidelines
Explore caselaw by topic → Browse Fla. R. Crim. P. 3.800(B) cases and more on FLexlaw
Opinion of the Court
PER CURIAM.
Eugene Buchanan seeks review of State v. Buchanan, 580 So. 2d 201, 202 (Fla. 5th DCA 1991), in which the district court certified to this Court the following question of great public importance:
IS A TRIAL COURT REQUIRED TO GIVE CONTEMPORANEOUS WRITTEN REASONS IN DEPARTING DOWNWARD FROM THE GUIDELINES, SINCE FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(b) ALLOWS A COURT IN SOME CRIMINAL CASES UPON RECEIPT OF A TIMELY MOTION TO REDUCE OR MODIFY A SENTENCE WITHOUT EXPRESSLY REQUIRING THE COURT TO GIVE CONTEMPORANEOUS WRITTEN REASONS?
Id. at 202. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the question in the affirmative, adopting Judge Sharp’s opinion as the opinion of this Court. Buchanan, 580 So. 2d at 202-03 (Sharp, J., on rehearing).
It is so ordered.
SHAW, C.J. and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Hudson, 698 So. 2d 831 (Fla. 1997)…whether a defendant will be sentenced as an habitual felony offender. Consistent with Burdick and its progeny, we conclude that the court’s sentencing discretion extends to determining whether to impose a mandatory minimum term. Cf. State v. Eason, 592 So. 2d 676 (Fla.1992) (rejecting State’s argument that trial court was required to sentence habitual violent felony offender to life term without eligibility for release for fifteen years; approving sentence of twenty-five years imposed by trial court and affi…
-
State v. Kendrick, 596 So. 2d 1153 (Fla. 5th DCA 1992)…ollows: 1. In the case of a felony of the first degree, for life[,] does not make imposition of a life sentence mandatory but rather makes it permissive with the trial court. See also State v. Washington, 594 So. 2d 291 (Fla.1992); State v. Eason, 592 So. 2d 676 (Fla.1992). Brown and Burdick do not control here where the operative phrases are “shall sentence” and “for a term of years”. Neither case holds that a trial court may impose straight probation upon a defendant determined to be an habitual felony o…
-
Newell v. State, 714 So. 2d 434 (Fla. 1998)…whether a defendant will be sentenced as an habitual felony offender. Consistent with Burdick and its progeny, we conclude that the court’s sentencing discretion extends to determining whether to impose a mandatory minimum term. Cf. State v. Eason, 592 So. 2d 676 (Fla.1992) (rejecting State’s argument that trial court was required to sentence habitual violent felony offender to life term without eligibility for release for fifteen years; approving sentence of twenty-five years imposed by trial court and affi…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Buchanan, 580 So. 2d 201 (Fla. 5th DCA 1991)