STATE OF FLORIDA,
v.
THURMAN J. CORBIN, APPELLEE
STATE OF FLORIDA,
THURMAN J. CORBIN, APPELLEE
715 So. 2d 1017
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
The state of Florida appeals an order of the county court declaring section 370.092, Florida Statutes (1995), subsections (1) through (6), unconstitutional on the basis of vagueness. We reverse, because the court failed to evaluate the issue in light of the facts. As we recently stated in Travis v. State, 700 So. 2d 104, 106 (Fla. 1st DCA 1997), review denied, 707 So. 2d 1128 (Fla.1998), when considering a challenge of vagueness, “the court must begin by applying the enactment to the facts of the case at hand.” We direct the court on remand to reconsider this issue pursuant to Travis.
REVERSED and REMANDED for further proceedings.
ERVIN and JOANOS, JJ., and SHIVERS, DOUGLASS B., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Cardali v. State, 794 So. 2d 719 (Fla. 3d DCA 2001)…la. 2d DCA 2000); Jackson v. State, 762 So. 2d 1065 (Fla. 4th DCA 2000); Frazier v. State, 762 So. 2d 575 (Fla. 4th DCA 2000); Reyes v. State, 752 So. 2d 139 (Fla. 3d DCA 2000); Hammett v. State, 746 So. 2d 1190 (Fla. 2d DCA 1999); Johnson v. State, 715 So. 2d 1017 (Fla. 2d DCA 1998). The trial court found that Cardali was sentenced to an enhanced sentence outside of the guidelines, such that if there were mistakes on the guidelines scoresheet they would not have affected the enhanced life sentence. We agree…
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Kennedy v. State, 915 So. 2d 269 (Fla. 4th DCA 2005)…in section 893.135(5). Consequently, the conspiracy charge should be treated as the substantive offense not only in terms of the felony degree of the crime but also in terms of its ranking on the offense severity ranking chart. See Johnson v. State, 715 So. 2d 1017, 1018 (Fla. 2d DCA 1998) (stating that section 893.135 is “specifically exempted from the operation of § 777.04” and that under section 893.135 “criminal attempt is denominated of equal severity as the completed crime.”). Had the State cross-appeal…
Authorities Cited
- Kemrick Travis v. State, 700 So. 2d 104 (Fla. 1st DCA 1997)