STATE OF FLORIDA, PETITIONER,
v.
FORRESTINE SIMS, RESPONDENT
STATE OF FLORIDA, PETITIONER,
FORRESTINE SIMS, RESPONDENT
736 So. 2d 1219
Florida District Court of Appeal, First District (1999)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
The petition for writ of certiorari is granted, and the circuit court’s order finding section 837.011(3), Florida Statutes, to be unconstitutional, is quashed. See State v. Ellis, 723 So. 2d 187 (Fla.1998); State v. Sims, 720 So. 2d 213 (Fla.1998).
ERVIN, WOLF and WEBSTER, JJ., CONCUR.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kirby Lee Casselman v. State, 761 So. 2d 482 (Fla. 5th DCA 2000)…stify what the substance was; he merely suspected it was crack cocaine. Because there was insufficient or no evidence to support the departure sentence, it must be reversed. See State v. Stewart, 749 So. 2d 555 (Fla. 2d DCA 2000); Fleshman v. State, 736 So. 2d 1219 (Fla. 5th DCA 1999); Johnson v. State, 689 So. 2d 1111 (Fla. 2d DCA 1997). Where there is no evidence to support the sentencing departure reasons, the failure to object does not preclude the issue on appeal, because it is fundamental error.9 Hicks v…
Authorities Cited
- State v. Lauri A. Ellis, 723 So. 2d 187 (Fla. 1998)
- State v. Forrestine Sims, 720 So. 2d 213 (Fla. 1998)