BRYAN PERRY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
BRYAN PERRY, PETITIONER,
STATE OF FLORIDA, RESPONDENT
761 So. 2d 317
Florida Supreme Court (2000)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We have for review the decision in Perry v. State, 744 So. 2d 1199 (Fla. 5th DCA 1999), in which the Fifth District Court of Appeal cited as controlling authority its opinion in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998), approved in part, disapproved in part, 760 So. 2d 89 (Fla.2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const.; Jollie v. State, 405 So. 2d 418, 420 (Fla.1981). We quash the decision below and remand for the Fifth District to consider this case in light of our opinion in Maddox.
It is so ordered.
HARDING, C.J., and SHAW, WELLS, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Perry v. State, 767 So. 2d 1282 (Fla. 5th DCA 2000)…Judge. Perry appealed his sentence, which was affirmed by this court. However, the Florida Supreme Court reinstated his appeal 'for consideration of the sentencing [*1283] issue in light of Maddox v. State, 760 So. 2d 89 (Fla.2000). Perry v. State, 761 So. 2d 317 (Fla.2000). We agree that the sentence appears to have exceeded the permissible guidelines range and was rendered without the trial court’s giving written reasons for departure. However, since it also appears the sentence may be sustained based on P…
Authorities Cited
- Maddox v. State, 760 So. 2d 89 (Fla. 2000)
- Jollie v. State, 405 So. 2d 418 (Fla. 1981)
- Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998)
- Perry v. State, 744 So. 2d 1199 (Fla. 5th DCA 1999)