LUCIOUS WILLIAMS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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A second violation of probation does not constitute a valid basis for a departure sentence beyond the one-cell departure provided in the sentencing guidelines.
The case involves a defendant who received a departure sentence beyond the one-cell departure for a second violation of probation. The district court …
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PER CURIAM.
We review Williams v. State, 568 So. 2d 1276-77 (Fla. 2d DCA 1990), in which the court certified the following as a question of great public importance:
DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASIS FOR A DEPARTURE SENTENCE BEYOND THE ONE-CELL DEPARTURE PROVIDED IN THE SENTENCING GUIDELINES?
Our jurisdiction is based on article V, section 3(b)(4) of the Florida Constitution.
Though phrased in a different manner, this question has been answered negatively in our recent opinion in Williams v. State, 594 So. 2d 273 (Fla.1992). We quash the decision below to the extent that it conflicts with that opinion and remand the case for further consideration. In the event the district court of appeal concludes that all of the other reasons given for departure are invalid, Lucious Williams should be resen-tenced consistent with the dictates of the Williams opinion cited above.
It is so ordered.
SHAW, C.J. and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
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O'Keefe v. State, 595 So. 2d 291 (Fla. 5th DCA 1992)…orized incarceration of up to 2¾⅛ years.1 The trial court revoked probation and then departed from the guidelines because of appellant’s “repeated violations of probation.” Appellant was sentenced to four years incarceration. In Williams v. State, 594 So. 2d 290 (Fla. 1992), the Supreme Court stated that the holding in Williams v. State, 594 So. 2d 273 (Fla.1992), is that in the case of multiple violations of probation, sentences may be bumped one cell or guideline range for each violation. In the instant c…
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Clenney Terrell Davis v. State, 606 So. 2d 470 (Fla. 1st DCA 1992)…ten reasons for departure. Collins v. State, 596 So. 2d 1209 (Fla. 1st DCA 1992); Brown v. State, 581 So. 2d 936, 937 (Fla. 1st DCA 1991); McGriff v. State, 578 So. 2d 374 (Fla. 1st DCA 1991); Fla.R.Crim.P. 3.701(d)(14) (1989). In Williams v. State, 594 So. 2d 290 (Fla.1992), the supreme court clarified its prior Williams decision, 594 So. 2d 273 (Fla.1992), and held that in case of multiple violations of probation, sentences may be bumped one cell or guideline range for each violation pursuant to Fla.R.Crim.…
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Lucious Williams v. State, 602 So. 2d 562 (Fla. 2d DCA 1992)…PATTERSON, Judge. On remand from Williams [Lucious] v. State, 594 So. 2d 290 (Fla.1992), on the departure sentencing issue, we reconsider the remaining reasons for upward departure from the sentencing guidelines. After revocation of probation, the trial judge sentenced the appellant to a departure sentence of two fifteen ye…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 594 So. 2d 273 (Fla. 1992)
- Lucious Williams v. State, 568 So. 2d 1276 (Fla. 2d DCA 1990)