GILES

v.

GREEN, WARDEN

Citator

Cited By (11 total)

• Braggs v. State, 642 So. 2d 129 (Fla. 3d DCA 1994)
  …Dugger, 515 So. 2d 748 (Fla.1987). It appears that this issue is procedurally barred. Assuming for purposes of discussion that the issue is properly before us, defendant is incorrect. As stated in Jones v. State, 559 So. 2d 204 (Fla.), cert. denied, 498 U.S. 907, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990), ”[t]his was not a case where the judge relied upon a reason for departure that was later declared invalid but, rather, one in which the judge consid [*132] ered his sentence to be one to which the guidelines d…
• Cook v. State, 632 So. 2d 86 (Fla. 3d DCA 1994)
  …t additional grounds were required to justify the departure, we conclude that, under Shull v. Dugger, 515 So. 2d 748 (Fla.1987), those grounds may not now be added after remand. We distinguish Jones v. State, 559 So. 2d 204 (Fla.1990), cert. denied, 498 U.S. 907, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990), upon which the state relies, on the grounds stated in the opinion itself: In Shull, the judge imposed a sentence in excess of the guidelines recommendation for the announced reason that the defendant had been…
• State v. Clary, 694 So. 2d 108 (Fla. 5th DCA 1997)
  …tating new reasons. Id. However, where the trial court erroneously considers the sentence to be one to which the guidelines do not apply, on remand the court may depart if it files proper reasons. Jones v. State, 559 So. 2d 204 (Fla.), cert. denied, 498 U.S. 907, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990); Stewart v. State, 576 So. 2d 1375 (Fla. 1st DCA 1991). The Jones court explained: In Shull, the judge imposed a sentence in excess of the guidelines recommendation for the announced reason that the defendant…