TODD RUSSELL BAUMGARDNER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
TODD RUSSELL BAUMGARDNER, PETITIONER,
STATE OF FLORIDA, RESPONDENT
603 So. 2d 510
Florida Supreme Court (1992)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Upon the authority of Scates v. State, 603 So. 2d 504 (Fla.1992), we quash State v. Baumgardner, 587 So. 2d 1147 (Fla. 4th DCA 1991), and remand with directions to reinstate Baumgardner’s 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, concur. McDONALD, J., dissents.
Dissent
GRIMES, Justice,
dissenting.
I dissent for the reasons expressed in my dissenting opinion in Scates v. State, 603 So. 2d 504 (Fla.1992).
HARDING, J., concurs.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. McKENDRY, 614 So. 2d 1158 (Fla. 4th DCA 1993)…f a mandatory minimum sentence despite other statutory provisions granting trial judges discretion to withhold such a sentence. However, both opinions were quashed by the supreme court in Scates v. State, 603 So. 2d 504 (Fla.1992) and Lane v. State, 603 So. 2d 510 (Fla.1992). In both cases, the supreme court held that the trial court could depart from the minimum mandatory sentencing provisions of section 893.13(1), Florida Statutes (1989), pursuant to the discretionary provisions of section 397.12, Florida S…
Authorities Cited
- Carrick A. Scates v. State, 603 So. 2d 504 (Fla. 1992)
- Preston v. State, 587 So. 2d 1147 (Fla. 4th DCA 1991)