RALPH FLINT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Written Reasons For Departure cases and more on FLexlaw
NORTHCUTT, Judge.
Ralph Flint challenges the denial of his petition for habeas corpus, seeking a discharge for violation of his right to a speedy trial. We affirm. Flint also contends his guidelines scoresheet was inaccurate, resulting in a de facto departure sentence. The State concedes that the total points on his scoresheet should have been 107.6 instead of 110.2. As a result, Flint’s sentence exceeded the guidelines maximum. We remand for resentencing under the corrected scoresheet. The trial court may reimpose the original sentence only if it files written reasons for a departure. See State v. Vanhorn, 561 So. 2d 584 (Fla.1990); Junco v. State, 571 So. 2d 570 (Fla. 3d DCA 1990).
Denial of petition for habeas corpus affirmed, remanded for resentencing.
BLUE, A.C.J., and WHATLEY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (20 total)
-
State v. Meeks, 789 So. 2d 982 (Fla. 2001)…ubstantial violation of community control. See also Lopez v. State, 722 So. 2d 936, 937 (Fla. 4th DCA 1998)( “Absence from the home without permission supports a finding of a willful and substantial violation of community control.”); Davis v. State, 704 So. 2d 681, 683 (Fla. 1st DCA 1997)(holding that defendant who failed to remain confined in his approved residence during the specified hours had committed a willful and substantial violation of community control). In that case, Allen failed to remain in his h…
-
Durham v. State, 743 So. 2d 1202 (Fla. 1st DCA 1999)…PER CURIAM. AFFIRMED. Wright v. State, 706 So. 2d 952, 953 (Fla. 1st DCA 1998) (citing Davis v. State, 704 So. 2d 681 (Fla. 1st DCA 1997)). BOOTH, KAHN and BROWNING, JJ., CONCUR.…
-
Meeks v. State, 754 So. 2d 101 (Fla. 1st DCA 2000)…onsistently held that violation(s) of a condition of probation or community control must be both willful and substantial before such status may be revoked in the first instance. See Howard v. [*107] State, 484 So. 2d 1232 (Fla.1986); Davis v. State, 704 So. 2d 681 (Fla. 1st DCA 1997); Forchin v. State, 660 So. 2d 763 (Fla. 3d DCA 1995); Jones v. State, 611 So. 2d 26 (Fla. 1st DCA 1992); Harris v. State, 610 So. 2d 36 (Fla. 2d DCA 1992). In my view '‘substantial” and "substantive” are synonymous terms. "Techni…
Previewing 3 of 20 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Vanhorn, 561 So. 2d 584 (Fla. 1990)
- Richardo Felipe Junco v. State, 571 So. 2d 570 (Fla. 3d DCA 1990)