IN THE INTEREST OF: J.D.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1993-04-29
No. 92-4006
SMITH, ZEHMER and ALLEN, JJ., concur.
616 So. 2d 1228 Florida District Court of Appeal, First District (1993)

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The court affirmed convictions for grand theft and possession of cocaine following guilty pleas but remanded for resentencing, finding that a six-cell enhancement based on probation violations was an unlawful departure from sentencing guidelines.


Holding

The court held that a sentence departure based on an excessive number of probation violations is unlawful, and a six-cell enhancement was an unlawful departure, requiring remand for sentencing within the guidelines.


Facts & Procedural History

Thomas Friedly pleaded guilty to grand theft and possession of cocaine and received consecutive five-year sentences. The trial court departed from sen…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal by a juvenile of a delinquency adjudication based on a delinquency petition charging the juvenile with escape. We have previously decided the exact issue raised in this appeal in R.A.H. v. State, 614 So. 2d 1189 (Fla. 1st DCA 1993). Accordingly, we reverse appellant’s adjudication of delinquency and remand the matter to the lower tribunal with directions that the charge of escape be dismissed.

SMITH, ZEHMER and ALLEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw