JOHN RAYMOND PANEK, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1992-01-28
No. 91-1757
Before SCHWARTZ, C.J., and HUBBART and GERSTEN, JJ.
593 So. 2d 307 Florida District Court of Appeal, Third District (1992) Positive Treatment
Cited by 10 cases
Topics
Judicial Vindictiveness Plea Bargaining Sentencing Guidelines

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Opinion of the Court
SCHWARTZ, Chief Judge.

SCHWARTZ, Chief Judge.

The appellant’s claims that judicial vindictiveness infected his sentence are neither reviewable nor cognizable on this appeal because the actual sentence fell within the range of the recommended guidelines. See State v. Stephney, 564 So. 2d 1246 (Fla. 3d DCA 1990) (nine year sentence at high end of permissible range, presumptively imposed because defendant failed to accept three and one-half year plea bargain offered by trial court and went to trial instead, vacated for resentencing within recommended guidelines of between five and one-half and seven years). See generally Booker v. State, 514 So. 2d 1079, 1081 (Fla.1987) (pre-guidelines sentence within statutory limits not reviewable); La Barbera v. State, 63 So. 2d 654 (Fla.1953) (same); Walker v. State, 44 So. 2d 814 (Fla.1950) (same).

Affirmed.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Preston v. State, 641 So. 2d 169 (Fla. 3d DCA 1994)
    …range and no departure order was necessary. As the sentence is within the sentencing guidelines, it is not subject to appellate review. See § 921.001(5), Fla.Stat. (Supp.1992); Gonzalez v. State, 616 So. 2d 71, 72 (Fla. 3d DCA 1993); Panek v. State, 593 So. 2d 307, 307-08 (Fla. 3d DCA 1992). Reversed and remanded for a new trial. . State v. Neil, 457 So. 2d 481 (Fla.1984). . The trial occurred in November, 1993. . Johans eliminated the requirement for a threshold showing of “a 'strong likelihood’ that the…
  • Dedric Gardner v. State, 699 So. 2d 798 (Fla. 4th DCA 1997)
    …cing guideline range, we affirm as to appellant’s claim of judicial vindictiveness. See Melton v. State, 678 So. 2d 434 (Fla.App. 1st DCA), rev. denied, 687 So. 2d 1304 (Fla.1996); Reaves v. State, 655 So. 2d 1189 (Fla. 3d DCA 1995); Panek v. State, 593 So. 2d 307 (Fla. 3d DCA 1992); § 924.06(1)(e), Fla. Stat. (1995). We believe that the record neither supported an inference of the judge’s vindictiveness nor indicated that he gave any improper weight to appellant’s failure to accept the plea offer. In fact, t…
  • Jamale Reaves v. State, 655 So. 2d 1189 (Fla. 3d DCA 1995)
    …t had been acquitted. This court has held that a sentence falling within the sentencing guidelines is not reviewable. Preston v. State, 641 So. 2d 169, 171 (Fla. 3d DCA 1994); Gonzalez v. State, 616 So. 2d 71, 72 (Fla. 3d DCA 1993); Panek v. State, 593 So. 2d 307 (Fla. 3d DCA 1992); see also §§ 921.001(5), 924.06(l)(e), Fla.Stat. (1993). Defendant asserts that his position is supported by Reese v. State, 639 So. 2d 1067 (Fla. 4th DCA 1994). We disagree. There is no indication in Reese that the sentence was w…

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