DONALD LEWIS SMITH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DONALD LEWIS SMITH, APPELLANT,
STATE OF FLORIDA, APPELLEE
604 So. 2d 944
Florida District Court of Appeal, First District (1992)
Negative Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. Everage v. State, 504 So. 2d 1255 (Fla. 1st DCA 1986), review denied, 508 So. 2d 13 (Fla.1987). We certify the following question as one of great public importance:
DO DEFENDANT’S EFFORTS TO COVER UP A CRIME ALLOW SENTENCING GUIDELINES DEPARTURE?
SHIVERS, ZEHMER, and KAHN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 620 So. 2d 187 (Fla. 1993)…PER CURIAM. We have for review Smith v. State, 604 So. 2d 944 (Fla. 1st DCA 1992), which certified the following question of great public importance: Do defendant’s efforts to cover up a crime allow sentencing guidelines departure? We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer in the negati…
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Rendon v. State, 690 So. 2d 645 (Fla. 4th DCA 1997)…e sentence and remand for resentencing within the guidelines. POLEN, J., and TAYLOR, CAROLE Y., Associate Judge, concur. . In Smith v. State, 620 So. 2d 187 (Fla.1993), the supreme court quashed the opinion of the first district in Smith v. State, 604 So. 2d 944 (Fla. 1st DCA 1992), answering the following certified question in the negative: "Do defendant's efforts to cover up a crime allow sentencing guidelines departure?” In deciding Smith, the first district had relied on that court’s opinion in Everage…
Authorities Cited
- Everage v. State, 504 So. 2d 1255 (Fla. 1st DCA 1986)