ALLEN SILAS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
ALLEN SILAS, PETITIONER,
STATE OF FLORIDA, RESPONDENT
781 So. 2d 1082
Florida Supreme Court (2001)
Caution
Cited by 2 cases
Opinion of the Court
[*1083] LEWIS, J.
We have for review State v. Gitto, 731 So. 2d 686 (Fla. 5th DCA 1999), in which the petitioner, Allen Silas, was one of several appellees below. The reasoning applied by the Fifth District Court of Appeal in Gitto was expressly disapproved in State v. Warner, 762 So. 2d 507 (Fla.2000). Therefore, the decision of the appellate court is quashed, and the case is remanded for consideration and determination in accordance with the principles announced in Warner. It is so ordered:
WELLS, C.J., and SHAW, HARDING, ANSTEAD and PARIENTE, JJ., concur. QUINCE, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Furman Fant, 876 So. 2d 645 (Fla. 1st DCA 2004)…years. Accordingly, the state maintains, the trial court’s departure sentence was in violation of the plea agreement and must be reversed, citing State v. Gitto, 731 So. 2d 686 (Fla. 5th DCA 1998) (en banc), quashed on other grounds, Silas v. State, 781 So. 2d 1082 (Fla.2001). In State v. Gitto, the court ruled, [T]he trial court’s acceptance of a plea over the prosecutor’s objection is clear error which requires outright reversal of any sentence entered in reliance of such a plea.... Id. at 691. We find th…
Authorities Cited
- State v. Warner, 762 So. 2d 507 (Fla. 2000)
- State v. Gitto, 731 So. 2d 686 (Fla. 5th DCA 1998)