Smith v. State

Smith v. State, 519 So. 2d 731 (Fla. Dist. Ct. App. 1988)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: February 8, 1988
Docket: No. BM-412
Judges: Smith
Citations: 519 So. 2d 7311988 WL 8398

Cited by 4

Opinion

519 So.2d 731 (1988)

Donald Lee SMITH, Appellant,

STATE of Florida, Appellee.

No. BM-412.

District Court of Appeal of Florida, First District.

February 8, 1988.

Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for appellee.

SMITH, Chief Judge.

Appellant expressly agreed to a sentence outside the guidelines as part of his plea bargain. Accordingly, we affirm the departure sentence. However, as the court did in Quarterman v. State, 506 So.2d 50 (Fla. 2nd DCA 1987), review pending in the Florida Supreme Court, Case No. 70,567, we certify the following question:

IN LIGHT OF Williams v. State, 500 So.2d 501 (Fla. 1986), MAY A TRIAL JUDGE EXCEED THE RECOMMENDED GUIDELINES SENTENCE BASED UPON A LEGITIMATE AND UNCOERCED CONDITION OF A PLEA BARGAIN?

Pursuant to Rule 9.030(a)(2)(A)(iv), Florida Rules of Appellate Procedure, we certify that the decision in this case expressly and directly conflicts with the decision of another district court of appeal on the same question of law. See Broomfield v. State, 514 So.2d 1135 (Fla. 5th DCA 1987). See also State v. Williams, 515 So.2d 1051 (Fla. 3d DCA 1987).

ERVIN and NIMMONS, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 4 cases

View all citing references →

Relies on it most ⓘ

Hosmer v. State523 So. 2d 184 (Fla. Dist. Ct. App. 1988)
Smith v. State530 So. 2d 304 (Fla. 1988)
Lewis v. State911 So. 2d 238 (Fla. Dist. Ct. App. 2005)
Williams v. State522 So. 2d 499 (Fla. Dist. Ct. App. 1988)

Most recent

Lewis v. State911 So. 2d 238 (Fla. Dist. Ct. App. 2005)
Smith v. State530 So. 2d 304 (Fla. 1988)
Hosmer v. State523 So. 2d 184 (Fla. Dist. Ct. App. 1988)
Williams v. State522 So. 2d 499 (Fla. Dist. Ct. App. 1988)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Williams v. State, 500 So. 2d 501 (Fla. 1986)	108
	Quarterman v. State, 506 So. 2d 50 (Fla. Dist. Ct. App. 1987)	22
	State v. Williams, 515 So. 2d 1051 (Fla. Dist. Ct. App. 1987)	6
	Broomfield v. State, 514 So. 2d 1135 (Fla. Dist. Ct. App. 1987)	4
	State v. Walther, 519 So. 2d 731 (Fla. Dist. Ct. App. 1988)	4

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