KEVIN MORLEY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
Affirmed. Breedlove v. State, 580 So. 2d 605 (Fla.1991); State v. Boatwright, 559 So. 2d 210 (Fla.1990); Livingston v. State, 565 So. 2d 1288 (Fla.1988); Rojas v. State, 552 So. 2d 914 (Fla.1989); Darden v. State, 475 So. 2d 214 (Fla.1985); Blanco v. State, 452 So. 2d 520 (Fla.1984), cert. denied, 469 U.S. 1181, 105 S.Ct. 940, 88 L.Ed.2d 953 (1985); State v. Abreau, 363 So. 2d 1063 (Fla.1978); State v. Bryan, 287 So. 2d 73 (Fla.), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1973); Moorehead v. State, 597 So. 2d 841 (Fla. 3d DCA), review denied, 606 So. 2d 1165 (Fla.1992), cert. denied, — U.S. -, 113 S.Ct. 1003, 122 L.Ed.2d 152 (1993); Bilinski v. State, 463 So. 2d 424 (Fla. 3d DCA 1985); Ryan v. State, 457 So. 2d 1084 (Fla. 4th DCA 1984), review denied, 462 So. 2d 1108 (Fla.1985); § 784.07(3), Fla.Stat. (1989).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Eumir Holmes v. State, 638 So. 2d 986 (Fla. 1st DCA 1994)…s to whether the lower court would have imposed a youthful offender sentence had the court been aware that this option was available. Accordingly, we vacate the sentence imposed and remand for reconsideration of the sentence. See, Blackmon v. State, 616 So. 2d 587 (Fla. 1st DCA 1993). Notwithstanding our remand, we emphasize that the lower court is under no obligation to sentence appellant under the Youthful Offender Act unless the lower court believes such a sentence would be appropriate. We AFFIRM in part…
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Vander Wyden v. State, 958 So. 2d 540 (Fla. 3d DCA 2007)…(Fla.2002). In any event, on the merits, neither an abuse of the trial court’s discretionary decision not to downward depart nor a failure to consider the Youthful Offender Act as an available sentencing option, as was the case in Blackmon v. State, 616 So. 2d 587 (Fla. 1st DCA 1993), has [*541] been demonstrated. The sentence under review is therefore affirmed. Affirmed.…
Authorities Cited (15 total)
- Grant v. State, 363 So. 2d 1063 (Fla. 1978)
- Blanco v. State, 452 So. 2d 520 (Fla. 1984)
- Rojas v. State, 552 So. 2d 914 (Fla. 1989)
- Livingston v. State, 565 So. 2d 1288 (Fla. 1988)
- State v. Bryan, 287 So. 2d 73 (Fla. 1973)
- Ryan v. State, 457 So. 2d 1084 (Fla. 4th DCA 1984)
- McArthur Breedlove v. State, 580 So. 2d 605 (Fla. 1991)
- Woodward v. Texas, 469 U.S. 1181 (U.S. 1985)
- Nw. Airlines, Inc. v. Laffey, 469 U.S. 1181 (U.S. 1985)
- State v. Boatwright, 559 So. 2d 210 (Fla. 1990)