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State v. Perry

STATE of Florida v. Leonard S. PERRY

State v. Perry, 687 So. 2d 831 (Fla. 1997)
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Court
Supreme Court of Florida · State Highest Courts
Decided
February 13, 1997
Docket
No. 88192
Judges
Anstead, Grimes, Harding, Overton, Shaw, Wells
Citations
687 So. 2d 83122 Fla. L. Weekly Supp. 741997 Fla. LEXIS 211997 WL 57235

Opinion of the Court — Wells

Text extracted by OCR from a scanned original; check the original for exact wording.

WELLS, Judge.

We have for review a decision certifying the following question to be of great public importance:

IS THE RULE IN STATE v. DAVIS, 630 So.2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NONSTATE PRISON SANCTIONS, APPLICABLE UNDER THE 1994 SENTENCING GUIDELINES?

Perry v. State, 673 So.2d 557 (Fla. 1st DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

We answered this question in State v. Simmons, 687 So.2d 827 (Fla.1997). There we wrote:

[T]he 1994 guidelines, contain no disjunctive wording and require new interpretation. Florida Rule of Criminal Procedure 3.702(b) contains a clear statement that existing case law, as it construes the application of sentencing guidelines, is superseded by operation of rule 3.702 if the case law conflicts with rule 3.702. We hereby give effect to rule 3.702(b) by holding that Davis, with its emphasis upon disjunctive wording, does not apply to a sentencing imposed under the 1994 guidelines as embodied in rule 3.702.

Simmons , at 829.

Accordingly, we answer the certified question in the negative, quash the district court’s decision as it relates to combining nonstate prison sanctions, and remand for proceedings consistent with this opinion. We decline to review the second cross-appeal issue raised by respondent because the issue is unrelated to the certified question upon which this Court’s jurisdiction is based.

It is so ordered.

OVERTON, SHAW, GRIMES, HARDING and ANSTEAD, JJ., concur.

How later courts describe this case

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

2007: 12013: 220072026peak 2013 · 2

Relies on it most ⓘ

  1. Chames v. DeMayo972 So. 2d 850 (Fla. 2007)
  2. Laizure v. Avante at Leesburg, Inc.109 So. 3d 752 (Fla. 2013)
  3. McKenzie Check Advance of Florida, LLC v. Betts112 So. 3d 1176 (Fla. 2013)

Most recent

  1. McKenzie Check Advance of Florida, LLC v. Betts112 So. 3d 1176 (Fla. 2013)
  2. Laizure v. Avante at Leesburg, Inc.109 So. 3d 752 (Fla. 2013)
  3. Chames v. DeMayo972 So. 2d 850 (Fla. 2007)

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 3

DepthCaseCited by
State v. Simmons, 687 So. 2d 827 (Fla. 1997) 2
State v. Davis, 630 So. 2d 1059 (Fla. 1994) 51
Perry v. State, 673 So. 2d 557 (Fla. Dist. Ct. App. 1996) 2

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