PAUL O. STOVALL, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
PAUL O. STOVALL, PETITIONER,
STATE OF FLORIDA, RESPONDENT
768 So. 2d 444
Florida Supreme Court (2000)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We have for review Stovall v. State, 727 So. 2d 1009 (Fla. 5th DCA 1999), a decision of the Fifth District Court of Appeal citing as controlling authority its decision 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 district court’s decision in this case and remand for consideration in light of our opinion in Maddox v. State, 760 So. 2d 89 (Fla.2000).
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, PARIENTE, LEWIS and QUINCE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Osborne v. State, 820 So. 2d 1046 (Fla. 4th DCA 2002)…manded for re-sentencing pursuant to Salters v. State, 758 So. 2d 667 (Fla.2000) (violent career criminal sentencing provision unconstitutional for offenses committed during window period from October 1, 1995, to May 24, 1997). See Osborne v. State, 768 So. 2d 444 (Fla.2000). [*1047] Upon remand, at the re-sentencing the state sought to sentence appellant as a habitual felony offender under section 775.084(l)(a), Florida Statutes (Supp.1996). The state failed to produce any evidence of any prior convictions,…
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Stovall v. State, 773 So. 2d 109 (Fla. 5th DCA 2000)…fused to consider certain alleged sentencing errors because of our holding in Maddox v. State, 708 So. 2d 617 (Fla. 5th DCA 1998). Because Maddox was reversed, these unresolved issues have been remanded to us for consideration. See Stovall v. State, 768 So. 2d 444 (Fla.2000). Further, in the interim, the supreme court decided State v. Thompson, 750 So. 2d 643 (Fla.1999), which must now be considered in deciding the propriety of the original sentence. We agree that it was error for the trial court to enter c…
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)
- Stovall v. State, 727 So. 2d 1009 (Fla. 5th DCA 1999)