Payne v. State
| Decision Date | 13 November 1986 |
| Docket Number | No. 68180,68180 |
| Citation | 11 Fla. L. Weekly 589,498 So.2d 413 |
| Parties | 11 Fla. L. Weekly 589 Ricky J. PAYNE, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Application for Review of the Decision of the District Court of Appeal--Direct Conflict of Decisions; First District--Case No. BA-314.
Michael E. Allen, Public Defender, Second Judicial Circuit, and P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for petitioner.
Jim Smith, Atty. Gen., Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, and Kenneth Muszynski, Asst. Atty. Gen., Tallahassee, for respondent.
This is a petition to review Payne v. State, 480 So.2d 202 (Fla. 1st DCA 1985), in which the district court held that the trial court did not err in considering Payne's habitual offender status as a reason for departure from sentencing guidelines. We find conflict with Whitehead v. State, 498 So.2d 863 (Fla.1986). * While we approve Payne's conviction, we remand to the district court with directions to return this cause to the trial court for resentencing consistent with Whitehead.
It is so ordered.
* We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
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Hall v. State
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Harrell v. State, 98-165.
...review, the trial court's jurisdiction to act in a matter is lost. Payne v. State, 493 So.2d 1104 (Fla. 1st DCA), approved, 498 So.2d 413 (Fla.1986)(after discretionary review in the supreme court is sought, trial court and district court lose jurisdiction over the cause to the extent that ......
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Everage v. State
...for resentencing because of the error in retaining jurisdiction. Payne v. State, 480 So.2d 202 (Fla. 1st DCA 1985), modified, 498 So.2d 413 (Fla.1987) (Payne I ). Payne then filed a petition for review in the Florida Supreme Court and, while this petition was pending, the trial court procee......
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Vicknair v. State, 86-961
...the time the state was seeking discretionary review in the supreme court. Payne v. State, 493 So.2d 1104 (Fla. 1st DCA), approved, 498 So.2d 413 (Fla.1986), holds that after discretionary review in the supreme court is sought, the trial court (as well as the district court of appeal) loses ......