STATE OF FLORIDA, APPELLANT,
v.
FREDDY SIMS, APPELLEE
STATE OF FLORIDA, APPELLANT,
FREDDY SIMS, APPELLEE
530 So. 2d 1089
Florida District Court of Appeal, Fourth District (1988)
Positive Treatment
Cited by 26 cases
Opinion of the Court
PER CURIAM.
The state appeals from a sentence of time served for the offense of burglary of a dwelling, which sentence constitutes a downward departure from the guidelines recommended sentence. No written reasons for the departure are contained in the record.
Accordingly, we reverse and remand with instructions to provide written reasons justifying the departure from the sentencing guidelines. Francis v. State, 512 So. 2d 1162 (Fla. 4th DCA 1987).
DOWNEY, GLICKSTEIN and DELL, JJ., concur.
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State v. Kellen Lee Betz, 815 So. 2d 627 (Fla. 2002)…LEWIS, J. We have for review Betz v. State, 793 So. 2d 976 (Fla. 2d DCA 2001), which expressly and directly conflicts with the decision of the Fifth District Court of Appeal [*629] in State v. Jarrett, 530 So. 2d 1089 (Fla. 5th DCA 1988). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Facts and Procedural History The pertinent facts in the instant case were recited in the opinion of the Second District Court of Appeal below: In the early evening hour…1 / 4
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State v. T.T., 594 So. 2d 839 (Fla. 5th DCA 1992)…strong and very distinctive. A person who is trained to recognize the odor of marijuana and who is familiar with it and can recognize it has probable cause, based on the smell alone, to search a person or a vehicle for contraband. State v. Jarrett, 530 So. 2d 1089 (Fla. 5th DCA 1988); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987); State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986). As this court noted in Wells: The mere possession of marijuana is illegal. When a police officer who knows the smell of bur…
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Blake v. State, 939 So. 2d 192 (Fla. 5th DCA 2006)…committed and that such person has committed it. Because the officer has probable cause, he or she is authorized to arrest the person and then to conduct a warrant-less search. See State v. T.T., 594 So. 2d 839 (Fla. 5th DCA 1992); State v. Jarrett, 530 So. 2d 1089 (Fla. 5th DCA 1988); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987); State v. Reeves, 488 So. 2d 670 (Fla. 4th DCA 1986); State v. Bennett, 481 So. 2d 971 (Fla. 5th DCA 1986). Compare Smith v. State, 904 So. 2d 534, 537 (Fla. 1st DCA 2005). We c…
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- Francis v. State, 512 So. 2d 1162 (Fla. 4th DCA 1987)