JUNIOR MCPHERSON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JUNIOR MCPHERSON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
566 So. 2d 255
Florida Supreme Court (1990)
Positive Treatment
Cited by 1 case
Opinion of the Court
BARKETT, Judge.
We have for review McPherson v. State, 530 So. 2d 1029 (Fla. 4th DCA 1988), in which the district court affirmed on authority of State v. Avery, 531 So. 2d 182 (Fla. 4th DCA 1988). We have jurisdiction. Art. V, § 3(b)(3), Fla.Const. Avery was quashed by Avery v. State, 555 So. 2d 351 (Fla.1989), pursuant to our decision in Bostick v. State, 554 So. 2d 1153 (Fla.1989), petition for cert. filed, No. 89-1717 (U.S. Apr. 26, 1990). Accordingly, we quash the opinion of the district court, and remand for proceedings consistent with Bostick.
It is so ordered.
SHAW, C.J., and EHRLICH, GRIMES and KOGAN, JJ., concur. OVERTON and McDONALD, JJ., dissent.
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Citator
Cited By
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Robinson v. State, 571 So. 2d 429 (Fla. 1990)…, we held that “when an appellate court reverses a departure sentence because there were no written reasons, the court must remand for resentencing with no possibility of departure from the guidelines.” 561 So. 2d at 556. See also Ferguson v. State, 566 So. 2d 255 (Fla.1990). Accordingly, we quash that portion of the decision below which would permit the trial court to depart from the recommended guideline sentence. We remand to the district court with directions to remand to the trial court for sentencing w…
Authorities Cited
- Bostick v. State, 554 So. 2d 1153 (Fla. 1989)
- State v. Avery, 531 So. 2d 182 (Fla. 4th DCA 1988)
- Junior McPHERSON v. State, 530 So. 2d 1029 (Fla. 4th DCA 1988)
- Shaw v. State, 555 So. 2d 351 (Fla. 1989)
- Avery v. State, 555 So. 2d 351 (Fla. 1989)