ROBERTO RUIZ, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Damion R. Carder v. State, 731 So. 2d 784 (Fla. 5th DCA 1999)
  …one crime, they affected the scoresheet for the other offenses, for which Crader was sentenced. This court has held that in light of White the assessment of 25 points pursuant to rule 3.702(12) for a possession charge is improper. Holmes v. State, 722 So. 2d 240 (Fla. 5th DCA 1998). Since this case was in the “pipeline” at the time White was being decided, Carder is entitled to the benefit of its holding. Holmes; Robinson v. State, 704 So. 2d 161, 162 (Fla. 2d DCA 1997). Accordingly, we rule that the scores…
• Levory W. Hickmon v. State, 754 So. 2d 58 (Fla. 5th DCA 2000)
  …in this case. Hickmon was convicted and sentenced two days before White was decided. Accordingly, this case was in the “pipeline” when White was rendered, so White’s application to this case is not truly retrospective. See, e.g., Holmes v. State, 722 So. 2d 240 (Fla. 5th DCA 1998). Further, to require Hickmon’s defense counsel to have made an objection to the scoresheet based on White, as a prerequisite to granting relief in this case, is unreasonable. See generally, Sims v. State, 602 So. 2d 1253 (Fla.199…
• Taylor v. State, 801 So. 2d 173 (Fla. 5th DCA 2001)
  …ge which did not involve a firearm because the record supports its finding of a continuous presence of a firearm throughout the commission of all the offenses. Taylor rebuts the State’s first contention on the basis that we held in Holmes v. State, 722 So. 2d 240 (Fla. 5th DCA 1998), that the supreme court holding in White applies to cases in which probation is revoked after the effective date of White. As to the State’s second contention, Taylor urges that Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 234…

Authorities Cited

• Jackson v. State, 575 So. 2d 181 (Fla. 1991)
• Simmons v. State, 463 So. 2d 423 (Fla. 3d DCA 1985)