Johnson v. State, 86-2326
Decision Date | 23 June 1987 |
Docket Number | No. 86-2326,86-2326 |
Citation | 12 Fla. L. Weekly 1539,508 So.2d 779 |
Parties | 12 Fla. L. Weekly 1539 Dwight JOHNSON, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.
Before BASKIN, FERGUSON and JORGENSON, JJ.
Williams v. State, 500 So.2d 501 (Fla.1986) and Johnson v. State, 501 So.2d 158 (Fla. 3d DCA 1987), hold that failure to appear for sentencing after adjudication is not "a clear and convincing reason for departure" from the sentencing guidelines, even where bargained for. The State agrees.
REVERSED and REMANDED with instructions to enter a sentence which comports with the guidelines.
To continue reading
Request your trial- Brown v. State, 93-342
-
Marrero v. State
... ... The result that we reach is consistent with the rationale behind the adoption of rule 3.850. As the supreme court stated in Johnson v. State, 536 So.2d 1009, 1011 (Fla.1988), ... The credibility of the criminal justice system depends upon both fairness and ... ...
-
Santamaria v. State, 87-2211
...501 (Fla.1986); Harris v. State, 524 So.2d 1104 (Fla. 3d DCA 1988); King v. State, 525 So.2d 924 (Fla. 3d DCA 1988); Johnson v. State, 508 So.2d 779 (Fla. 3d DCA 1987); Johnson v. State, 501 So.2d 158 (Fla. 3d DCA 1987); see Lee v. State, 471 So.2d 195 (Fla. 4th DCA 1985). Failure to abide ......
-
King v. State, 86-2653
...a clear and convincing reason for departure from sentencing guidelines. Williams v. State, 500 So.2d 501 (Fla.1986); Johnson v. State, 508 So.2d 779 (Fla. 3d DCA 1987). Psychological trauma may, in certain circumstances, constitute a clear and convincing reason to support departure. State v......