Shull v. State, BE-307
| Decision Date | 23 January 1986 |
| Docket Number | No. BE-307,BE-307 |
| Citation | 481 So.2d 1294,11 Fla. L. Weekly 268 |
| Parties | 11 Fla. L. Weekly 268 John Garland SHULL, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael E. Allen, Public Defender; and Paula S. Saunders, Asst. Public Defender, Tallahassee, for appellant.
Jim Smith, Atty. Gen., and Gregory G. Costas, Asst. Atty. Gen., Tallahassee, for appellee.
We find no error in the trial judge considering habitual offender status as a reason for departure under the guidelines. Payne v. State, 480 So.2d 202 (Fla. 1st DCA 1985) (). However, we remand to the trial judge to provide written reasons in compliance with Florida Rule of Criminal Procedure 3.701(d)(11), even though the trial judge made written findings in the order of sentencing as a habitual felony offender. Cuthbert v. State, 459 So.2d 1098, 1100, n. 3 (Fla. 1st DCA 1984); see also State v. Jackson, 478 So.2d 1054 (Fla.1985).
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Smith v. State, BF-34
...v. State, 478 So.2d 1054 (Fla.1985); Hill v. State, supra; Hall v. State, 492 So.2d 692 (Fla. 1st DCA 1986); and Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). We reverse the sentence and remand for new sentencing, since we are not convinced beyond a reasonable doubt that notwithstandi......
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Rowe v. State, 88-4
...procedural history of the Shull case. Shull's original habitual offender sentence was affirmed on direct appeal. Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). 2 Subsequently Shull filed a motion for postconviction relief, renewing his attack on the sentence in light of Whitehead v. St......
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Webster v. State, BK-77
...(Fla.1985); Hill v. State, 498 So.2d 544 (Fla. 1st DCA 1986); Hall v. State, 492 So.2d 692 (Fla. 1st DCA 1986); and Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). A review of the record, however, reveals that the trial judge based his departure on a single reason. Although at sentencin......
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Hill v. State
...written reasons. See Jackson v. State, 478 So.2d 1054 (Fla.1985); Hall v. State, 492 So.2d 692 (Fla. 1st DCA 1986), and Shull v. State, 481 So.2d 1294 (Fla. 1st DCA 1986). Also, the trial court may no longer depart from the guidelines based on appellant's habitual offender status. The Flori......