State v. Sellers, 586 So. 2d 340 (Fla. 1991). · Go Syfert
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State v. Sellers, 586 So. 2d 340 (Fla. 1991). Cases Citing This Book View Copy Cite
42 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Aller v. State (fladistctapp, 2001-08-30)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited "see" Aller v. State
Fla. Dist. Ct. App. · 2001 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA 1991), approved on other grounds, 586 So.2d 340 (Fla.1991).
cited Cited "see" McClendon v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved, 586 So.2d 340 (Fla.1991).
cited Cited "see" Boyd v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved on other grounds, 586 So.2d 340 (Fla.1991).
cited Cited "see" Nash v. State
Fla. Dist. Ct. App. · 1996 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), aff'd, 586 So.2d 340 (Fla.1991).
discussed Cited "see" Sprankle v. State
Fla. Dist. Ct. App. · 1995 · signal: see · confidence high
The trial court must resentence Sprankle using a corrected scoresheet; see Sellers v. State, 578 So.2d 339, 341 (Fla. 1st DCA), approved, 586 So.2d 340 (Fla. 1991), unless after reviewing the record or conducting an evidentiary hearing it determines that actual physical injury occurred.
cited Cited "see" Jaramillo v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved on other grounds, 586 So.2d 340 (Fla.1991).
cited Cited "see" Bendel v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Carter v. State, 586 So.2d 340 (Fla.1991).
cited Cited "see" Boland v. State
Fla. Dist. Ct. App. · 1993 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved on other grounds, 586 So.2d 340 (Fla. 1991).
cited Cited "see" Gray v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved, 586 So.2d 340 (Fla. 1991).
cited Cited "see" Eady v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved, 586 So.2d 340 (Fla. 1991).
cited Cited "see" Deparvine v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved on other grounds 586 So.2d 340 (Fla. 1991).
cited Cited "see" Pruitt v. State
Fla. Dist. Ct. App. · 1992 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339, 341 (Fla. 1st DCA), approved, 586 So.2d 340 (Fla.1991).
cited Cited "see" Medina v. State
Fla. Dist. Ct. App. · 1991 · signal: see · confidence high
See Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), decision approved, 586 So.2d 340 (Fla. 1991).
discussed Cited "see, e.g." Jefferson v. State
Fla. Dist. Ct. App. · 2002 · signal: see also · confidence low
In rejecting the state's argument in Desue , the appellate court reasoned: "Although the lower court did have such option, the court did not employ a three-cell bump-up at sentencing; therefore, it would be speculative for us to assume that it would have done so had appellant's scoresheet been correctly scored in the amount of 90 points." Id. at 935 ; see also Sellers v. State, 578 So.2d 339 (Fla. 1st DCA), approved, State v. Sellers, 586 So.2d 340 (Fla.1991) (rejecting this harmless error argument and holding that only where the appellate court is convinced the trial court would have imposed …
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
Louie Anthony SELLERS, Respondent.
77970.
Supreme Court of Florida.
Oct 10, 1991.
586 So. 2d 340
Per Curiam.
Cited by 27 opinions  |  Published

Robert A. Butterworth, Atty. Gen., and Charlie McCoy, Asst. Atty. Gen., Tallahassee, for petitioner.

Nancy A. Daniels, Public Defender, and Glen P. Gifford, Asst. Public Defender, Tallahassee, for respondent.

PER CURIAM.

We have for review Sellers v. State, 578 So.2d 339 (Fla. 1st DCA 1991), in which the First District Court of Appeal certified direct conflict with Flowers v. State, 567 So.2d 1055 (Fla. 5th DCA 1990), and Walker v. State, 546 So.2d 764 (Fla. 5th DCA 1989). We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.

We recently held in Flowers v. State, 586 So.2d 1058 (Fla. 1991), that legal constraint points are to be assessed once in calculating sentencing scoresheets for offenses committed while on legal constraint. Accordingly, we approve of the decision below.

It is so ordered.

SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.