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19 Florida opinions name it 2 courts 1985–2025 1 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Jacksongreen2 sentences1987Smith v. State, 499 So.2d 912 (Fla. 1st DCA 1986); Jackson v. State, 478 So.2d 1054 (Fla.1985). 1986The Supreme Court held in *693 State v. Jackson, 478 So.2d 1054 (Fla. 1985), that a transcript of oral statements made by the judge at sentencing will not satisfy the sentencing guidelines requirement of written reasons. | 2 | 6 |
Jones v. Stategreen1 sentence1997See Jones v. State, 615 So.2d 705 (Fla. 2d DCA 1992). | 1 | 1 |
Florida Rules of Criminal Procedure Re: Sentencing Guidelinesgreen1 sentence1992Permitted ranges were incorporated into the sentencing guidelines rule "to expand the discretion of the sentencing courts." Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 and 3.988), 522 So.2d 374, 375 (Fla. 1988). | 1 | 1 |
Demps v. Stategreen1 sentence1988See Demps v. State, 515 So.2d 196 (Fla. 1987) (post-conviction relief procedurally barred unless appellant alleged facts previously unknown and not discoverable, or raises a newly established fundamental constitutional right). | 1 | 1 |
Mischler v. Stategreen1 sentence1985That issue is now before the court in State v. Caride (Fla. 3d DCA Case No. 84-155) (pending on hearing en banc granted.) [2] The heroic compilation made only several months ago in Mischler v. State, 458 So.2d 37, 40-42 (Fla. 4th DCA 1984) is already many cases behind. [3] Since the two expressions simply do not go together as a matter of the English language, there are those who say that a clear and convincing reason is like a green and purple horse: it's an interesting concept, but it can't exist. [4] As in the case of the issue referred to in note 1, supra, there is no question raised as to | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Shull v. State
green
2 sentences1986See Jackson v. State, 478 So.2d 1054 (Fla.1985); Hall v. State, 492 So.2d 692 (Fla. 1st DCA 1986), and Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). 1986Jackson v. State, 478 So.2d 1054 (Fla. 1985); Hill v. State, 498 So.2d 544 (Fla. 1st DCA 1986); Hall v. State, 492 So.2d 692 (Fla. 1st DCA 1986); and Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). | 3 | 1986–1986 |
Hall v. State
neutral
2 sentences1986See Jackson v. State, 478 So.2d 1054 (Fla.1985); Hall v. State, 492 So.2d 692 (Fla. 1st DCA 1986), and Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). 1986Jackson v. State, 478 So.2d 1054 (Fla. 1985); Hill v. State, 498 So.2d 544 (Fla. 1st DCA 1986); Hall v. State, 492 So.2d 692 (Fla. 1st DCA 1986); and Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). | 3 | 1986–1986 |
In re Adoption of Florida Rules of Criminal Procedure 3.704 & 3.992 to Implement the Florida Criminal Punishment Code
green
1 sentence2025Punishment Code, 721 So. 2d 265 (Fla. 1998) (abandoning the sentencing guidelines under rule 3.988 and adopting the CPC). | 1 | 2025–2025 |
Albritton v. State
green
1 sentence1989In Albritton the supreme court held that when some but not all reasons for departure are held invalid by the appellate court, the case must be remanded for resentencing unless the state demonstrates beyond a reasonable doubt, based on the record as a whole, "that the absence of the invalid reasons would not have affected the departure sentence." 476 So.2d at 160 . | 1 | 1989–1989 |
State v. Mischler
green
2 sentences1989The supreme court decision in State v. Mischler, 488 So.2d 523 (Fla. 1986), construed the sentencing guidelines rule, Fla. R.Crim.P. 3.701(d)(11), to require that the facts offered in support of reasons for departure "be credible and proven beyond a reasonable doubt." 488 So.2d at 525 . 1989The supreme court decision in State v. Mischler, 488 So.2d 523 (Fla. 1986), construed the sentencing guidelines rule, Fla. R.Crim.P. 3.701(d)(11), to require that the facts offered in support of reasons for departure "be credible and proven beyond a reasonable doubt." 488 So.2d at 525 . | 1 | 1989–1989 |
Florida Bar: Amendment to Rules of Criminal Procedure (3.701, 3.988—Sentencing Guidelines)
green
1 sentence1989The Florida Bar: Amendment To Rules of Criminal Procedure (3.701, 3.988 — Sentencing Guidelines), 468 So.2d 220 (Fla. 1985). | 1 | 1989–1989 |
Smith v. State
neutral
1 sentence1987Smith v. State, 499 So.2d 912 (Fla. 1st DCA 1986); Jackson v. State, 478 So.2d 1054 (Fla.1985). | 1 | 1987–1987 |
Florida Bar Re: Rules of Criminal Procedure
green
2 sentences1987Together they support and justify the sentence as imposed by this Court." In The Florida Bar re: Rules of Criminal Procedure, 482 So.2d 311 (Fla. 1985), the supreme court declined to adopt the following language from the committee notes to the sentencing guidelines rule: "Where deemed appropriate, the sentencing courts may include the following language in the written statement articulating the reasons for departures: If one or more of the foregoing reasons for departure are determined, upon appellate review, to be impermissible, it would still be the decision of this court to depart from the 1987Together they support and justify the sentence as imposed by this Court." In The Florida Bar re: Rules of Criminal Procedure, 482 So.2d 311 (Fla. 1985), the supreme court declined to adopt the following language from the committee notes to the sentencing guidelines rule: "Where deemed appropriate, the sentencing courts may include the following language in the written statement articulating the reasons for departures: If one or more of the foregoing reasons for departure are determined, upon appellate review, to be impermissible, it would still be the decision of this court to depart from the | 1 | 1987–1987 |
Hill v. State
neutral
1 sentence1986Jackson v. State, 478 So.2d 1054 (Fla. 1985); Hill v. State, 498 So.2d 544 (Fla. 1st DCA 1986); Hall v. State, 492 So.2d 692 (Fla. 1st DCA 1986); and Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). | 1 | 1986–1986 |
State v. Whitfield
green
1 sentence1986In State v. Whitfield, 487 So.2d 1045 (Fla. 1986), we held that a computational error in a sentencing guidelines score sheet could be raised on direct appeal even though a contemporaneous objection was not made at trial, where "the impact of the error was that the trial court departed from the sentencing guidelines in rule 3.701 without making the mandatorily written, clear and convincing reasons for departure." At 1047. | 1 | 1986–1986 |
Frazier v. State
green
1 sentence1985In doing so, we would like to comment on two cases dealing with the amendments to the sentencing guidelines. *1019 Hopper v. State, 465 So.2d 1269 (Fla. 3d DCA 1985), and Frazier v. State, 463 So.2d 458 (Fla. 2d DCA 1985), involved situations where the trial court applied the amendments to the sentencing guidelines at a hearing that took place before the effective date of the amendment. | 1 | 1985–1985 |
Hopper v. State
neutral
1 sentence1985In doing so, we would like to comment on two cases dealing with the amendments to the sentencing guidelines. *1019 Hopper v. State, 465 So.2d 1269 (Fla. 3d DCA 1985), and Frazier v. State, 463 So.2d 458 (Fla. 2d DCA 1985), involved situations where the trial court applied the amendments to the sentencing guidelines at a hearing that took place before the effective date of the amendment. | 1 | 1985–1985 |
Albritton v. State
green
1 sentence1985The district court affirmed on the basis that "a departure sentence can be upheld on appeal if it is supported by any valid ("clear and convincing") reason without the necessity of a remand in every case." Albritton, 458 So.2d at 321 . | 1 | 1985–1985 |
Hendrix v. State
green
1 sentence1985Id. | 1 | 1985–1985 |
Chaplin v. State
green
1 sentence1985Chaplin v. State, 449 So.2d 981 (Fla. 1st DCA 1984). | 1 | 1985–1985 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.