Morganti v. State, 71126
| Court | United States State Supreme Court of Florida |
| Writing for the Court | BARKETT; McDONALD |
| Citation | 524 So.2d 641,13 Fla. L. Weekly 293 |
| Parties | 13 Fla. L. Weekly 293 Patrick Joseph MORGANTI, Petitioner, v. STATE of Florida, Respondent. |
| Docket Number | No. 71126,71126 |
| Decision Date | 28 April 1988 |
Page 641
v.
STATE of Florida, Respondent.
Richard L. Jorandby, Public Defender and Gary Caldwell, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen. and Lee Rosenthal, Asst. Atty. Gen., West Palm Beach, for respondent.
BARKETT, Justice.
We have for review Morganti v. State, 510 So.2d 1182, 1184 (Fla. 4th DCA 1987), which certified the following question of great public importance:
Whether, when the sole reason initially given for departure from the Guidelines was held to be valid by appellate courts at the time of sentencing but is subsequently held invalid by the Supreme Court, the trial court may on remand again depart from the Guidelines, if the new reasons given existed at the time of
Page 642
the original sentencing and are valid reasons for departure.We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.
We have answered the question in the negative in Shull v. Dugger, 515 So.2d 748 (Fla.1987), and today reaffirm that holding. Accordingly, the opinion below is quashed and this cause is remanded for proceedings consistent with Shull. Because no valid reasons remain for the departure sentence in this instance, the district court on remand shall direct that petitioner be sentenced within the guidelines.
It is so ordered.
McDONALD, C.J., and OVERTON, EHRLICH, SHAW, GRIMES and KOGAN, JJ., concur.
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...and fifteen years incarceration. Morganti v. State, 498 So.2d 557 (Fla. 4th DCA 1986), approved, 509 So.2d 929 (1987); Morganti v. State, 524 So.2d 641 (Fla.1988). Here, the sentence was a term of five and one-half years (5 1/2) in prison and a ten thousand dollar ($10,000) fine followed by......
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Slay v. State, 87-1761
...that the trial court may not, on remand, exceed the guidelines by relying on new reasons for departure. See also Morganti v. State, 524 So.2d 641 (Fla.1988); Brumley v. State, 520 So.2d 275 (Fla.1988); Hays v. State, 526 So.2d 165 (Fla. 1st DCA 1988). The State has conceded this However, gi......
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Holloman v. State, 71296
...1096 (Fla. 4th DCA 1987), which expressly and directly conflicts with Shull v. Dugger, 515 So.2d 748 (Fla.1987), and Morganti v. State, 524 So.2d 641 (Fla.1988), quashing 510 So.2d 1182 (Fla. 4th DCA 1987). We have jurisdiction. Art. V, § 3(b)(3), Fla. We quash the decision below and remand......