CONNIE MELTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ritter v. State, 885 So. 2d 413 (Fla. 1st DCA 2004)
  …K.N.M. v. State, supra. The state argues that appellate counsel can nonetheless not be faulted for failing to pursue this issue because it would not have been cognizable on appeal. In support of this proposition, the state cites to Melton v. State, 678 So. 2d 434 (Fla. 1st DCA 1996), in which we held, pursuant to the version of section 924.06(l)(e) then in [*415] effect, that a trial court’s decision to impose a sentence within the applicable guidelines range (as opposed to departing therefrom) is not a prop…
• Dedric Gardner v. State, 699 So. 2d 798 (Fla. 4th DCA 1997)
  …So. 2d 732, 734 (Fla. 2d DCA 1987). Therefore, we affirm appellant’s sentence. Since the trial court’s sentence was within the permitted sentencing guideline range, we affirm as to appellant’s claim of judicial vindictiveness. See Melton v. State, 678 So. 2d 434 (Fla.App. 1st DCA), rev. denied, 687 So. 2d 1304 (Fla.1996); Reaves v. State, 655 So. 2d 1189 (Fla. 3d DCA 1995); Panek v. State, 593 So. 2d 307 (Fla. 3d DCA 1992); § 924.06(1)(e), Fla. Stat. (1995). We believe that the record neither supported an i…
• Patrizi v. State, 31 So. 3d 229 (Fla. 1st DCA 2010)
  …Stancliff v. State, 996 So. 2d 259, 260 (Fla. 1st DCA 2008); see also, Wyden v. State, 958 So. 2d 540 (Fla. 3d DCA 2007); Jorquera v. State, 868 So. 2d 1250 (Fla. 4th DCA 2004); Patterson v. State, 796 So. 2d 572 (Fla. 2d DCA 2001); Melton v. State, 678 So. 2d 434, 435 (Fla. 1st DCA 1996). The state candidly disclosed to this court the opinions in Hines v. State, 817 So. 2d 964 (Fla. 2d DCA 2002) and McCorvey v. State, 872 So. 2d 395 (Fla. 1st DCA 2004). In those cases, the appellate courts did consider defe…

Authorities Cited

• Ruggirello v. State, 566 So. 2d 30 (Fla. 4th DCA 1990)
• Murray v. State, 566 So. 2d 30 (Fla. 1st DCA 1990)
• Washington v. State, 582 So. 2d 798 (Fla. 1st DCA 1991)