AVERY HIGHSMITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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BARKETT, Justice.
We have for review Highsmith v. State, 508 So. 2d 1289 (Fla. 1st DCA 1987), affirming petitioner’s convictions and sentences and certifying the same question set out in VanTassell v. State, 498 So. 2d 649 (Fla. 1st DCA 1986), quashed, 512 So. 2d 181 (Fla. 1987), as a question of great public importance. The certified question is:
Does a trial court’s statement, made at the time of departure from the sentencing guidelines, that it would depart for any one of the reasons given, regardless of whether both valid and invalid reasons are found on review, satisfy the standard set forth in Albritton v. State [476 So. 2d 150, (Fla.1985) ]?
512 So. 2d at 182.
We answered the question in the negative in Griffis v. State, 509 So. 2d 1104 (Fla.1987). Accordingly, we quash the decision below and remand to the district court for review in light of our decision in Grif-fis.
It is so ordered.
MCDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur,
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Martin v. State, 523 So. 2d 1226 (Fla. 1st DCA 1988)…2d 1219 (Fla. 1st DCA 1986). Subsequently, however, in Atwaters v. State, 519 So. 2d 611 (Fla.1988), the supreme court held that the quantity of drugs involved in a crime does not constitute a valid reason for departure. See also Flournoy v. State, 522 So. 2d 340 (Fla.1988), disapproving this court’s en banc opinion reported at 507 So. 2d 668 (Fla. 1st DCA 1987). From our examination of the record, we conclude that on remand, the trial court would impose the same sentence although the fourth reason would no…
Authorities Cited
- State v. Marshall, 476 So. 2d 150 (Fla. 1985)
- Griffis v. State, 509 So. 2d 1104 (Fla. 1987)
- Vantassell v. State, 512 So. 2d 181 (Fla. 1987)
- VanTASSELL v. State, 498 So. 2d 649 (Fla. 1st DCA 1986)
- Rankine v. State, 508 So. 2d 1289 (Fla. 2d DCA 1987)
- Avery Highsmith v. State, 508 So. 2d 1289 (Fla. 1st DCA 1987)