Hernandez v. State, 84-647
| Decision Date | 26 October 1984 |
| Docket Number | No. 84-647,84-647 |
| Citation | 457 So.2d 1155 |
| Parties | Juan HERNANDEZ, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Hillsborough County; Harry Lee Coe, III, judge.
Jerry Hill, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Karla J. Staker, Asst. Atty. Gen., Tampa, for appellee.
We disagree with the appellant's two contentions.
There was sufficient evidence to support the order of the trial judge finding that the appellant violated conditions of his probation. Furthermore, it was proper for the trial judge to depart from the sentencing guidelines using the violation of probation by the appellant as the basis for doing so. Addison v. State, 452 So.2d 955 (Fla. 2d DCA 1984).
AFFIRMED.
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Townsend v. State, 84-1147
...sentence range established in the guidelines, provided Florida Rule of Criminal Procedure 3.701(d)(11) is followed. Hernandez v. State, 457 So.2d 1155 (Fla. 2d DCA 1984); Tackett v. State, 458 So.2d 368 (Fla. 2d DCA 1984); Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984). See also Addison v......
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Hall v. State, s. 84-2403
...the state notes that the violation of a substantive condition of probation is a proper reason for departure. Hernandez v. State, 457 So.2d 1155 (Fla. 2d DCA 1984); Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984); Addison v. State, 452 So.2d 955 (Fla. 2d DCA 1984). Consequently, the state a......