State v. Boyett
| Decision Date | 18 April 1985 |
| Docket Number | No. 65754,65754 |
| Citation | 467 So.2d 997 |
| Parties | STATE of Florida, Petitioner, v. Coye Elliott BOYETT, Respondent. |
| Court | Florida Supreme Court |
Jim Smith, Atty. Gen. and Karla J. Staker, Asst. Atty. Gen., Tampa, for petitioner.
Jerry Hill, Public Defender and Michael E. Raiden, Asst. Public Defender, Bartow, for respondent.
We have for consideration the following question certified to us in Boyett v. State, 452 So.2d 958, 960 (Fla. 2d DCA 1984), as one of great public importance:
Is a defendant who was placed on probation before October 1, 1983, entitled to elect to be sentenced under the sentencing guidelines after October 1, 1983, upon a revocation of his probation?
We adopt the opinion of the district court of appeal authored by Judge Grimes and answer the question in the affirmative.
It is so ordered.
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State v. Jackson
...subsequent to Jackson's sentencing that he was entitled to be sentenced under the sentencing guidelines statutes and rules. State v. Boyett, 467 So.2d 997 (Fla.1985). See also Duggar v. State, 446 So.2d 222 (Fla. 1st DCA 1984). These statutes and rules clearly mandate that a trial judge sta......
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Burrell v. State
...probation violators, whose crimes occurred before the effective date may nevertheless elect guideline treatment. See, e.g., State v. Boyett, 467 So.2d 997 (Fla.1985). Presumably, these persons would not request guideline treatment and thereby forego parole eligibility, unless they perceived......
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Ames v. State, 84-475
...2d DCA 1984); Mack v. State, 458 So.2d 347 (Fla. 5th DCA 1984); Boyett v. State, 452 So.2d 958 (Fla. 2d DCA 1984) Aff'd. State v. Boyett, 467 So.2d 997 (Fla.1985); Duggar v. State, 446 So.2d 222 (Fla. 1st DCA 1984). See also Irving v. State, 464 So.2d 672 (Fla. 5th DCA The order revoking ap......
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Booker v. State, s. 85-408
...upon revocation of his probation. § 921.001(4)(a), Fla.Stat. (1983); Boyett v. State, 452 So.2d 958 (Fla.2d DCA 1984), aff'd, 467 So.2d 997 (Fla.1985). Although it does not appear that the defendant selected the guidelines at the resentencing hearing, he clearly elected to be sentenced unde......