MIAMI-DADE COUNTY, APPELLANT,
v.
JORGE LUIS WEIR, APPELLEE
MIAMI-DADE COUNTY, APPELLANT,
JORGE LUIS WEIR, APPELLEE
888 So. 2d 762
Florida District Court of Appeal, Third District (2004)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Affirmed. See Murphy v. Int’l Robotic Sys., Inc., 766 So. 2d 1010 (Fla.2000); Brown v. Estate of Stuckey, 749 So. 2d 490 (Fla.1999); Scandinavian World Cruises (Bahamas), Ltd. v. Cronin, 509 So. 2d 1277 (Fla. 3d DCA 1987).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Peters v. State, 128 So. 3d 832 (Fla. 4th DCA 2013)…tside of the recommended range, does not constitute a departure). In finding an upward departure to be appropriate under the applicable law and facts, the sentencing judge “must file contemporaneous written reasons for the departure.” Fain v. State, 888 So. 2d 762, 763 (Fla. 2d DCA 2004). Where multiple reasons are given, “ ‘the departure shall be upheld when at least one circumstance or factor justifies the departure.’ ” Kirby v. State, 553 So. 2d 1290, 1292 (Fla. 1st DCA 1989) (quoting § 921.001(5), Fla. St…
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Errol D. Brooks v. State, 937 So. 2d 827 (Fla. 2d DCA 2006)…ot completely accurate. Therefore, on remand, Brooks is entitled to be resentenced in accordance with the sentencing guidelines applicable to his conviction, but the State shall have the right to seek an upward departure sentence. See Fain v. State, 888 So. 2d 762, 763 (Fla. 2d DCA 2004). If the trial court finds an upward departure to be appropriate, it must file contemporaneous written reasons for the departure. Id. Reversed and remanded with directions. WHATLEY and STRINGER, JJ„ Concur.…
Authorities Cited
- Rupert B. Brown v. The Est. OF A.P. Stuckey, Sr., 749 So. 2d 490 (Fla. 1999)
- Murphy v. Int'l Robotic Sys., Inc., 766 So. 2d 1010 (Fla. 2000)
- Scandinavian World Cruises (bahamas) v. Cronin, 509 So. 2d 1277 (Fla. 3d DCA 1987)