Pula v. State, 652 So. 2d 981 (Fla. 5th DCA 1995). · Go Syfert
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Pula v. State, 652 So. 2d 981 (Fla. 5th DCA 1995). Cases Citing This Book View Copy Cite
9 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Eduardo Acosta v. the State of Florida, 399 So. 3d 1118 (Fla. 3d DCA 2024)
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At page 982 The validity of written reasons to support an upward departure from the permissible guidelines sentence is an issue that should and must be raised in the context of the direct appeal.2 citing cases1 citing court put it this way
  • Eduardo Acosta v. the State of Florida, 399 So. 3d 1118 (Fla. 3d DCA 2024).
    (The validity of written reasons to support an upward departure from the permissible guidelines sentence is an issue that should and must be raised in the context of the direct appeal.)
  • Wright v. State, 126 So. 3d 1204 (Fla. 4th DCA 2012).
    (rule 3.850 motion)
Other citing cases1 with no pin cite or quoted language on record
Wayne PULA, Appellant,
v.
STATE of Florida, Appellee.
94-204.
District Court of Appeal of Florida, Fifth District.
Apr 7, 1995.
652 So. 2d 981
W. Sharp.
Cited by 7 opinions  |  Published

Wayne Allen Pula, Punta Gorda, pro se.

[*982] Robert A. Butterworth, Atty. Gen., Tallahassee, and Carmen F. Corrente, Asst. Atty. Gen., Daytona Beach, for appellee.

W. SHARP, Judge.

Pula appeals from the summary denial of his motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a). He asserts that the departure reasons given by the trial judge for his sentence, which exceeds the permissible range, were legally insufficient. We affirm.

Pula previously filed a direct appeal in this court after he was convicted of second degree murder and sentenced to life in prison. The judgment and sentence were affirmed. See Pula v. State, 578 So.2d 1115 (Fla. 5th DCA 1991). Pula also collaterally attacked the judgment by filing a motion pursuant to Florida Rule of Criminal Procedure 3.850. The trial court's denial was also affirmed by this court. See Pula v. State, 624 So.2d 737 (Fla. 5th DCA 1993).

The validity of written reasons to support an upward departure from the permissible guidelines sentence is an issue that should and must be raised in the context of the direct appeal. Whether Pula challenged the departure reasons on direct appeal, the legal sufficiency of the reasons has been established as the "law of the case" and this issue cannot be raised in a collateral attack on the sentence by using rule 3.850 or rule 3.800. Sanders v. State, 621 So.2d 723 (Fla. 5th DCA), rev. denied, 629 So.2d 135 (Fla. 1993). See also Gartrell v. State, 626 So.2d 1364 (Fla. 1993); Blount v. State, 627 So.2d 576 (Fla. 2d DCA 1993).

AFFIRMED.

HARRIS, C.J., and GRIFFIN, J., concur.