WILLIAM VLAHOVICH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
[*246] LEWIS, J.
We have for review Vlahovich v. State, 757 So. 2d 1219 (Fla. 2d DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We partially quash the decision of the district court below only as it relates to the petitioner’s sentencing under the Prison Releasee Reoffender Act, and remand for reconsideration upon application of our decisions in Grant v. State, 770 So. 2d 655 (Fla.2000); State v. Cotton, 769 So. 2d 345 (Fla.2000); McKnight v. State, 769 So. 2d 1039 (Fla.2000); and Ellis v. State, 762 So. 2d 912 (Fla.2000). We approve the decision of the district court regarding the petitioner’s conviction for resisting arrest with violence.
It is so ordered.
WELLS, C.J., and SHAW, HARDING, ANSTEAD, and PARIENTE, JJ., concur. QUINCE, J., dissents.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Perry v. State, 846 So. 2d 584 (Fla. 4th DCA 2003)…He was already in custody, undergoing post-arrest procedures, where the prohibition against violently resisting or opposing an officer would apply as well. See Vlahovich v. State, 757 So. 2d 1219 (Fla. 2d DCA 2000), quashed in part on other ground, 788 So. 2d 245 (Fla.2001)(concluding that fact that defendant was already in custody at time of incident would not preclude his conviction for resisting arrest with violence). While a person in custody retains his or her Fourth Amendment rights against unreasonabl…
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State v. Smith, 832 So. 2d 249 (Fla. 5th DCA 2002)…an the PRR Act requires when extenuating circumstances exist, including whether the victim favors a lesser sentence. In addition, the state notes that Vlaho-vich, cited by Smith, was later quashed by the Florida Supreme Court in Vlahovich v. State, 788 So. 2d 245 (Fla.2001), “as it relates to the petitioner’s sentencing under the Prison Releasee Reoffender Act.” The supreme court remanded the case “for reconsideration upon application of our decisions in Grant v. State, 770 So. 2d 655 (Fla.2000); State v. Co…
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Rodriguez v. State (Fla. 2d DCA 2019)
Authorities Cited
- Grant v. State, 770 So. 2d 655 (Fla. 2000)
- State v. Cotton, 769 So. 2d 345 (Fla. 2000)
- Ellis v. State, 762 So. 2d 912 (Fla. 2000)
- McKNIGHT v. State, 769 So. 2d 1039 (Fla. 2000)
- Vlahovich v. State, 757 So. 2d 1219 (Fla. 2d DCA 2000)