STEPHANIE A. CARDER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
STEPHANIE A. CARDER, PETITIONER,
STATE OF FLORIDA, RESPONDENT
642 So. 2d 742
Florida Supreme Court (1994)
Caution
Cited by 205 cases
Topics
Florida Sentencing Guidelines
Downward Departure From Sentencing Guidelines
Downward Departure
Sentencing Guidelines
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Opinion of the Court
PER CURIAM.
We review State v. Carder, 625 So. 2d 966 (Fla. 5th DCA 1993), in which the court certified the following as a question of great public importance:
IS THE REVERSE SPLIT SENTENCE A DOWNWARD DEPARTURE FROM THE GUIDELINES WHICH REQUIRES WRITTEN JUSTIFICATIONS?
Id. at 967. We have jurisdiction under article V, section 3(b)(4) of the Florida Constitution.
We answered the identical question in Disbrow v. State, 642 So. 2d 740 (Fla.1994), in the affirmative. Accordingly, we approve the decision below.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., and McDONALD, Senior Justice, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (101 total)
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Erick Richardson v. State, 884 So. 2d 950 (Fla. 4th DCA 2003)…in our initial opinion remain in effect. STEVENSON, SHAHOOD and HAZOURI, JJ., concur. . Such a reading would contradict the plain language of the probation statute and a plethora of precedent. See § 948.01(2), Fla. Stat. (2002); State v. Summers, 642 So. 2d 742, 744 (Fla.1994); Villery v. Fla. Parole & Prob. Comm’n, 396 So. 2d 1107 (Fla.1980); Landeverde v. State, 769 So. 2d 457, 462 (Fla. 4th DCA 2000); Russell v. State, 676 So. 2d 1026 (Fla. 3d DCA 1996); Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 198…
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Waters v. State, 662 So. 2d 332 (Fla. 1995)…RY MAXIMUM FOR A SINGLE OFFENSE? Waters v. State, 650 So. 2d 232 (Fla. 1st DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Consistent with our recent decisions in State v. Roundtree, 644 So. 2d 1358 (Fla.1994), and State v. Summers, 642 So. 2d 742 (Fla.1994), we answer the certified question in the affirmative. [*333] On June 4, 1991, Jesse Waters, Jr. pled no contest to a charge of purchase of cocaine, a second-degree felony which has a maximum • sentence of fifteen years. §§ 775.082(3)(c);…
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Francois v. State, 695 So. 2d 695 (Fla. 1997)…ewarded for “waiting out” the five-year statutory maximum for her charge, the trial court’s jurisdiction over her term of probation should not cease until she satisfactorily fulfills the conditions of her probation. We disagree. In State v. Summers, 642 So. 2d 742 (Fla. [*697] 1994),2 we determined that the legislature did not intend to allow ad infinitum extensions of a probationary term that is otherwise subject to a statutory maximum. We held that upon revocation of probation credit must be given for time…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Disbrow v. State, 642 So. 2d 740 (Fla. 1994)
- State v. Carder, 625 So. 2d 966 (Fla. 5th DCA 1993)