one-cell bump violation (Florida) · Go Syfert
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one-cell bump violation in Florida

6 Florida opinions name it 1 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 (1)

CaseFollowedCited
Silvestrini v. Stategreen
fladistctapp · 1994 · cited in 1 Florida opinions naming this issue, 1995–1995
1 sentence

1995See Silvestrini v. State, 633 So.2d 1143 (Fla. 2d DCA 1994).

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 (6)

CaseCitedYears
Williams v. State green
fla · 1992
1 sentence

2001Rowan's argument, while facially appealing, ignores the supreme court's decision in Williams v. State, 594 So.2d 273 (Fla. 1992).

12001–2001
Simmons v. State green
fladistctapp · 1995
1 sentence

1998This court held that "because habitual offender convictions may not be included on the sentencing guidelines scoresheet ... [t]he court should use the original scoresheet with a one-cell bump for the violation of probation." Id.

11998–1998
Franklin v. State green
fla · 1989
1 sentence

1995The state recognizes that Franklin v. State, 545 So.2d 851 (Fla.1989), supports Mr. Adams’ argument, but maintains that a different outcome is allowed in this case because the trial court filed reasons for departure at the original sentencing hearing in 1987.

11995–1995
Meadows v. State red
fladistctapp · 1986
1 sentence

1988The Fourth District in Green followed this court’s decision in Meadows v. State, 498 So.2d 1018 (Fla. 2d DCA 1986), in which we held that since the defendant was not on probation for the primary offense and did not violate probation for that offense, points could be included for legal constraint, but a one cell bump for violation of probation was impermissible.

11988–1988
Parker v. State green
fladistctapp · 1985
1 sentence

1988The appellant, citing Parker v. State, 478 So.2d 823 (Fla. 2d DCA 1985), argues that he should not have been scored for victim injury since at the time he was sentenced victim injury had to be an element of the offense to be scored and victim injury is not an element of burglary.

11988–1988
Frick v. State green
fladistctapp · 1987
1 sentence

1988We receded from Meadows in Frick v. State, 510 So.2d 1077 (Fla. 2d DCA 1987).

11988–1988

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