PEDRO FERNANDEZ, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
We originally accepted jurisdiction to review Fernandez v. State, 564 So. 2d 272 (Fla.2d DCA 1990), upon the assumption that it conflicted with Ree v. State, 565 So. 2d 1329 (Fla.1990), modified, State v. Lyles, 576 So. 2d 706 (Fla.1991), and Lambert v. State, 545 So. 2d 838 (Fla.1989). We have now determined that no conflict exists and that the opinion below is consistent with our decisions in State v. Betancourt, 552 So. 2d 1107 (Fla.1989), and Jones v. State, 559 So. 2d 204 (Fla.), cert. denied, — U.S. -, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990). Because the defendant is going to be resentenced upon a violation of probation, we call the trial judge’s attention to Williams v. State, 581 So. 2d 144 (Fla.1991), and Williams v. State, 594 So. 2d 273 (Fla.1992), as well as Lambert, all of which provide guidance for sentencing under such circumstances. We dismiss the petition for review.
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
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Gasiorowski v. State, 610 So. 2d 67 (Fla. 4th DCA 1992)…of the five years of community control imposed as part of appellant’s sentence. On remand, the trial court may, if it deems it appropriate, resen-tence appellant in accord with State v. Be-tancourt, 552 So. 2d 1107 (Fla.1989) and Fernandez v. State, 592 So. 2d 1090 (Fla.1992). REVERSED and REMANDED. HERSEY, DELL and POLEN, JJ., concur.…
Authorities Cited
- Lambert v. State, 545 So. 2d 838 (Fla. 1989)
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- Williams v. State, 594 So. 2d 273 (Fla. 1992)
- State v. Lyles, 576 So. 2d 706 (Fla. 1991)
- Williams v. State, 581 So. 2d 144 (Fla. 1991)
- Jones v. State, 559 So. 2d 204 (Fla. 1990)
- Fernandez v. State, 564 So. 2d 272 (Fla. 2d DCA 1990)