cumulative incarceration imposed after violation (Florida) · Go Syfert
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cumulative incarceration imposed after violation in Florida

6 Florida opinions name it 2 courts 1988–2001 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 (2)

CaseFollowedCited
Poore v. Stategreen
fla · 1988 · cited in 4 Florida opinions naming this issue, 1988–1994
2 sentences

1994Poore v. State, 531 So.2d 161 , 165 (Fla.1988).” Disbrow v. State, 642 So.2d 740 (Fla.1994) (no exemption from guidelines “mentioned ... any place ... in section 948.01”); Lambert v. State, 545 So.2d 838 (Fla.1989); Poore, 531 So.2d at 165 (“the cumulative incarceration imposed after violation of probation always will be subject to any limitations imposed by the sentencing guidelines recommendation”).

1994Poore v. State, 531 So.2d 161 , 165 (Fla.1988).” Disbrow v. State, 642 So.2d 740 (Fla.1994) (no exemption from guidelines “mentioned ... any place ... in section 948.01”); Lambert v. State, 545 So.2d 838 (Fla.1989); Poore, 531 So.2d at 165 (“the cumulative incarceration imposed after violation of probation always will be subject to any limitations imposed by the sentencing guidelines recommendation”).

34
Cook v. Stategreen
fla · 1994 · cited in 2 Florida opinions naming this issue, 1994–1994
2 sentences

1994See Cook v. State, 645 So.2d 436 (Fla.1994).

1994See Cook v. State, 645 So.2d 436 (Fla. 1994).

22

Distinguished, questioned or overruled (1)

CaseNegativeCited
Lawrence v. Stategreen
fladistctapp · 1996 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001However, the cumulative incarceration imposed after violation of probation is still subject to the sentencing guidelines. 1 Lawrence v. State, 682 So.2d 582 (Fla. 5th DCA 1996) (holding that upon the violation of the probationary portion of a true split sentence, the trial court is still limited by the sentencing guidelines unless it complies with the rules relating to departure sentences).

11

Also cited on this issue (3)

CaseCitedYears
Disbrow v. State green
fla · 1994
2 sentences

1994Poore v. State, 531 So.2d 161 , 165 (Fla.1988).” Disbrow v. State, 642 So.2d 740 (Fla.1994) (no exemption from guidelines “mentioned ... any place ... in section 948.01”); Lambert v. State, 545 So.2d 838 (Fla.1989); Poore, 531 So.2d at 165 (“the cumulative incarceration imposed after violation of probation always will be subject to any limitations imposed by the sentencing guidelines recommendation”).

1994Poore v. State, 531 So.2d 161, 165 (Fla. 1988)." Disbrow v. State, 642 So.2d 740 (Fla. 1994) (no exemption from guidelines "mentioned ... any place ... in section 948.01"); Lambert v. State, 545 So.2d 838 (Fla. 1989); Poore, 531 So.2d at 165 ("the cumulative incarceration imposed after violation of probation always will be subject to any limitations imposed by the sentencing guidelines recommendation").

21994–1994
Lambert v. State green
fla · 1989
2 sentences

1994Poore v. State, 531 So.2d 161 , 165 (Fla.1988).” Disbrow v. State, 642 So.2d 740 (Fla.1994) (no exemption from guidelines “mentioned ... any place ... in section 948.01”); Lambert v. State, 545 So.2d 838 (Fla.1989); Poore, 531 So.2d at 165 (“the cumulative incarceration imposed after violation of probation always will be subject to any limitations imposed by the sentencing guidelines recommendation”).

1994Poore v. State, 531 So.2d 161, 165 (Fla. 1988)." Disbrow v. State, 642 So.2d 740 (Fla. 1994) (no exemption from guidelines "mentioned ... any place ... in section 948.01"); Lambert v. State, 545 So.2d 838 (Fla. 1989); Poore, 531 So.2d at 165 ("the cumulative incarceration imposed after violation of probation always will be subject to any limitations imposed by the sentencing guidelines recommendation").

21994–1994
Franklin v. State green
fla · 1989
1 sentence

1996Both Poore and Franklin stipulate, however, that the cumulative incarceration imposed after violation of probation is subject to the guidelines' one-cell bump-up, so that "the total period of incarceration, including time already served, may not exceed the one-cell upward increase permitted by Florida Rule of Criminal Procedure 3.701(d)14." Franklin, 545 So.2d at 852 .

11996–1996

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