LARRY W. HALL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1996-07-12
No. 95-2724
COBB, W. SHARP and ANTOON, JJ., concur.
676 So. 2d 84 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the judgment and sentence. However, we again certify the question posed in Harris v. State, 659 So. 2d 1360 (Fla. 5th DCA 1995), review granted, 670 So. 2d 938 (Fla.1996), as being of public importance, to wit:

IS THERE ANY LIMIT UPON A TRIAL JUDGE’S RIGHT TO IMPOSE A DEPARTURE SENTENCE UNDER THE GUIDELINES BASED SOLELY ON AN UNSCORABLE CRIMINAL OFFENSE COMMITTED AFTER THE CRIME BEING SENTENCED FOR, SUCH AS NOT DEPARTING BEYOND THE PERMISSIBLE SENTENCING RANGE, HAD THE LATER OFFENSE BEEN SCORED?

AFFIRMED.

COBB, W. SHARP and ANTOON, JJ., concur.


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  • State v. Mendiola, 919 So. 2d 471 (Fla. 3d DCA 2005)
    …berty, and the prisoner’s sentence must be credited with that time.” (quoting Carson v. State, 489 So. 2d 1236, 1238 (Fla. 2d DCA 1986))), review denied, 640 So. 2d 1109 (Fla.1994); Hester v. State, 730 So. 2d 747 (Fla. 2d DCA 1999); Jones v. State, 676 So. 2d 84 (Fla. 5th DCA 1996); Drumwright v. State, 572 So. 2d 1029 (Fla. 5th DCA 1991); Sutton v. Dep’t of Corr., 531 So. 2d 1009 (Fla. 1st DCA 1988); cf. Fraser v. State, 602 So. 2d 1299, 1300 (Fla.1992)(defendant entitled to credit for time on community co…
  • Hall v. State, 692 So. 2d 155 (Fla. 1997)
    …A DEPARTURE SENTENCE UNDER THE GUIDELINES BASED SOLELY ON AN UNSCORABLE CRIMINAL OFFENSE COMMITTED AFTER THE CRIME BEING SENTENCED FOR, SUCH AS NOT DEPARTING BEYOND THE PERMISSIBLE SENTENCING RANGE, HAD THE LATER OFFENSE BEEN SCORED? Hall v. State, 676 So. 2d 84, 84 (Fla. 5th DCA 1996). The Fifth District Court of Appeal upheld the trial court’s departure sentence, but certified the question to this Court. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answered this question in the affirmative in…

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