departure sentence factors (Florida) · Go Syfert
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departure sentence factors in Florida

12 Florida opinions name it 3 courts 1987–2014 0 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.

Followed or applied (4)

CaseFollowedCited
Williams v. Stategreen
fla · 1987 · cited in 7 Florida opinions naming this issue, 1987–2009
2 sentences

2009Williams v. State, 504 So.2d 392, 393 (Fla.1987).

1987Therefore, there is no prohibition against basing a departure sentence on such factors. 504 So.2d at 393 (emphasis added); see also Fuller v. State, 488 So.2d 594 (Fla. 2d DCA 1986) (lack of respect for the law and judicial system is a valid departure reason).

27
Brown v. Stategreen
fladistctapp · 1990 · cited in 1 Florida opinions naming this issue, 1995–1995
1 sentence

1995Brown v. State, 565 So.2d 369, 370 (Fla. 1st DCA 1990).

11
Williams v. Stategreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 1987–1987
1 sentence

1987We also reject Williams' contention that the trial court's rejection of the guidelines sentence in this case was merely an expression of his general disagreement with the sentencing guidelines and was, thus, an improper reason for departure under this Court's decisions in Williams v. State, 492 So.2d 1308, 1309 (Fla. 1986) ("A trial judge may not substitute his own opinion for that of the Sentencing Guidelines Commission simply because he does not *394 agree with the presumptive sentence."), and Scurry v. State, 489 So.2d 25 (Fla. 1986).

11
Fuller v. Stategreen
fladistctapp · 1986 · cited in 1 Florida opinions naming this issue, 1987–1987
1 sentence

1987Therefore, there is no prohibition against basing a departure sentence on such factors. 504 So.2d at 393 (emphasis added); see also Fuller v. State, 488 So.2d 594 (Fla. 2d DCA 1986) (lack of respect for the law and judicial system is a valid departure reason).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Banks v. State green
fla · 1999
1 sentence

2014Specifically, it pointed to Banks v. State, 732 So.2d 1065 (Fla.1999), in which the supreme court outlined the procedure for both the trial court consideration of a departure sentence and the standard of review ón appeal.

12014–2014
Hoag v. State neutral
fladistctapp · 1988
1 sentence

1989Hoag v. State, 523 So.2d 788 (Fla. 5th DCA 1988).

11989–1989
Jones v. State green
fladistctapp · 1987
1 sentence

1987However, in Jones v. State, 501 So.2d 665 (Fla. 1st DCA (1987) this court found: Entries in criminal histories which show no disposition, disposition unknown, arrest only or other non-conviction disposition shall not be scored.

11987–1987
Scurry v. State green
fla · 1986
1 sentence

1987We also reject Williams' contention that the trial court's rejection of the guidelines sentence in this case was merely an expression of his general disagreement with the sentencing guidelines and was, thus, an improper reason for departure under this Court's decisions in Williams v. State, 492 So.2d 1308, 1309 (Fla. 1986) ("A trial judge may not substitute his own opinion for that of the Sentencing Guidelines Commission simply because he does not *394 agree with the presumptive sentence."), and Scurry v. State, 489 So.2d 25 (Fla. 1986).

11987–1987

Where else courts name it

FL 12 (1987–2014) OR 2 (2005–2007)

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.

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