State v. Suarez, 485 So. 2d 1283 (Fla. 1986). · Go Syfert
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State v. Suarez, 485 So. 2d 1283 (Fla. 1986). Cases Citing This Book View Copy Cite
35 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: Aaron Beal Wanless v. State of Florida (fladistctapp, 2019-05-06)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Aaron Beal Wanless v. State of Florida
Fla. Dist. Ct. App. · 2019 · signal: cf. · confidence medium
The court shall impose any term of imprisonment provided for in this subsection consecutively to any other term of imprisonment imposed for any other felony offense. § 775.087(2)(d), Fla. Stat. (1999) (emphasis added) (subsection (d) remains unaltered today); see also § 775.021(4)(a) & (b), Fla. Stat. (2019) (both subsections remain the same since their enactment in 1988) (subsection (b) states that the “intent of the Legislature is to convict and sentence for each criminal offense committed in the course of one criminal episode or transaction and not to allow the principle of lenity . . .…
cited Cited "see" Cook v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See State v. Suarez, 485 So.2d 1283, 1283 (Fla.1986).
cited Cited "see" Williams v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See State v. Jones, 485 So.2d 1283 (Fla. 1986).
cited Cited "see" Boyd v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See Suarez v. State, 464 So.2d 259 (Fla. 2d DCA 1985), approved, 485 So.2d 1283 (Fla. 1986).
cited Cited "see" Benson v. State
Fla. Dist. Ct. App. · 1988 · signal: see · confidence high
See State v. Suarez, 485 So.2d 1283 (Fla. 1986).
cited Cited "see" Blackshear v. State
Fla. · 1988 · signal: see · confidence high
See State v. Jones, 485 So.2d 1283 (Fla. 1986).
cited Cited "see" Knight v. State
Fla. Dist. Ct. App. · 1987 · signal: see · confidence high
See Palmer v. State, 438 So.2d 1 (Fla.1983), approved by State v. Suarez, 485 So.2d 1283 (Fla.1986).
discussed Cited "see" Smith v. State
Fla. Dist. Ct. App. · 1986 · signal: see · confidence high
See State v. Jones, 485 So.2d 1283 (Fla. 1986); Dougan v. State, 470 So.2d 697 (Fla. 1985), cert. denied, ___ U.S. ___, 106 S.Ct. 1499 , 89 L.Ed.2d 900 (1986); Lowe v. Price, 437 So.2d 142 (Fla. 1983); Wheeler v. State, 344 So.2d 244 (Fla. 1977), cert. denied, 440 U.S. 924 , 99 S.Ct. 1254 , 59 L.Ed.2d 478 (1979).
cited Cited "see" Tedder v. Video Electronics, Inc.
Fla. · 1986 · signal: see · confidence high
See State v. Jones, 485 So.2d 1283 (Fla. 1986).
discussed Cited "see, e.g." Gosciminski v. State
Fla. · 2013 · signal: see also · confidence low
See Jackson v. State, 25 So.3d 518, 531 (Fla.2009); Orme v. State, 677 So.2d 258, 262 (Fla.1996). “[I]n such cases, the test to be applied on motion for judgment of acquittal and on review of the denial of such a motion is not simply whether in the opinion of the trial judge or of the appellate court the evidence fails to exclude every reasonable hypothesis but that of guilt, but rather whether the jury must reasonably so conclude.” Hernandez v. State, 305 So.2d 211, 211 (Fla. 3d DCA 1974); see also Jones v. State, 466 So.2d 301 , 302 n. 2 (Fla. 3d DCA 1985), approved, 485 So.2d 1283 (Fla.…
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
Ernesto SUAREZ, Respondent.
66789.
Supreme Court of Florida.
Apr 10, 1986.
485 So. 2d 1283
McDonald.
Cited by 10 opinions  |  Published

Jim Smith, Atty. Gen. and William I. Munsey, Jr., Asst. Atty. Gen., Tampa, for petitioner.

James Marion Moorman, Public Defender and John T. Kilcrease, Jr., Asst. Public Defender, Tenth Judicial Circuit, Bartow, for respondent.

McDONALD, Justice.

The Second District Court of Appeal has certified the following question as one of great public importance:

Is the prohibition against consecutive mandatory minimum sentences arising out of one criminal episode as established by Palmer v. State, 438 So.2d 1 (Fla. 1983), operative with respect to a defendant sentenced under the guidelines?

Suarez v. State, 464 So.2d 259, 260 (Fla. 2d DCA 1985).[*] This Court has jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. Although in Palmer we stressed the effect of consecutive mandatory minimum sentences upon parole eligibility, such sentences also can markedly restrict the accrual of gain time under the sentencing guidelines. Accordingly, Palmer is still operative under the guidelines. Therefore we answer the certified question in the affirmative and approve the opinion of the district court.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.

[*] This Court has previously affirmed petitioner's death sentence in an unrelated case and thus the certified question is moot as to him. See Suarez v. State, 481 So.2d 1201 (Fla. 1985). We choose, however, to answer the question due to its importance to sentencing under the sentencing guidelines.