Smith v. State, 530 So. 2d 304 (Fla. 1988). · Go Syfert
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Smith v. State, 530 So. 2d 304 (Fla. 1988). Cases Citing This Book View Copy Cite
10 citation events across 3 distinct courts.
Strongest positive: Eady v. State (fladistctapp, 1992-08-28)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) Eady v. State
Fla. Dist. Ct. App. · 1992 · confidence medium
Smith v. State, 530 So.2d 304, 305 (Fla. 1988); Quarterman v. State, 527 So.2d 1380, 1382 (Fla. 1988); Thornburg v. State, 591 So.2d 1121 (Fla. 1st DCA 1992).
cited Cited "see" Thornburg v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Smith v. State, 530 So.2d 304 (Fla. 1988); Quarterman v. State, 527 So.2d 1380 (Fla. 1988).
cited Cited "see, e.g." Rooney v. State
La. Ct. App. · 1995 · signal: see also · confidence low
See also Smith v. State, 530 So.2d 304 , 305 (Fla.1988); Fulton v. State, 629 So.2d 326 (Fla. 5th DCA 1994).
Retrieving the full opinion text from the archive…
Donald Lee SMITH, Petitioner,
v.
STATE of Florida, Respondent.
72008.
Supreme Court of Florida.
Sep 8, 1988.
530 So. 2d 304
Ehrlich.
Cited by 6 opinions  |  Published

[*305] Michael E. Allen, Public Defender and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen. and Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for respondent.

EHRLICH, Chief Justice.

We have for review Smith v. State, 519 So.2d 731 (Fla. 1st DCA 1988), in which the district court certified the following question:

IN LIGHT OF WILLIAMS V. STATE, 500 So.2d 501 (FLA. 1986), MAY A TRIAL JUDGE EXCEED THE RECOMMENDED GUIDELINES SENTENCE BASED UPON A LEGITIMATE AND UNCOERCED CONDITION OF A PLEA BARGAIN?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Smith entered a negotiated plea of guilty to a charge of second-degree murder in exchange for a twenty-four year sentence, which was in excess of the recommended guidelines sentence. The trial court accepted the plea. The district court below affirmed Smith's departure sentence and certified the question now before this Court.

This Court recently answered the above stated certified question in the affirmative, holding that the plea bargain itself may serve as a clear and convincing reason for departure when the departure reason was accepted as an integral part of the bargain itself. Quarterman v. State, 527 So.2d 1380 (Fla. 1988). See also Holland v. State, 508 So.2d 5 (Fla. 1987). Accordingly, we approve the result reached by the district court below.

It is so ordered.

OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.