State v. Cotton

Decision Date02 April 1992
Docket NumberNo. 79015,79015
PartiesSTATE of Florida, Petitioner, v. Larry COTTON, Respondent. 595 So.2d 957, 17 Fla. L. Week. S222
CourtFlorida Supreme Court

Application for Review of the Decision of the District Court of Appeal--Certified Direct Conflict of Decisions, Third District--Case No. 90-2620 (Dade County).

Robert A. Butterworth, Atty. Gen. and Marc E. Brandes, Asst. Atty. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender and Cynthia A. Greenfield, Sp. Asst. Public Defender, Eleventh Judicial Circuit, Coral Gables, for respondent.

PER CURIAM.

We approve Cotton v. State, 588 So.2d 694 (Fla. 3d DCA 1991), on the authority of Burdick v. State, 594 So.2d 267 (Fla.1992).

It is so ordered.

SHAW, C.J., and McDONALD, GRIMES, KOGAN and HARDING, JJ., concur.

OVERTON, J., dissents.

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5 cases
  • White v. State, 91-3959
    • United States
    • Florida District Court of Appeals
    • May 17, 1993
    ...judgment and sentence specified any minimum mandatory sentence. As in Cotton v. State, 588 So.2d 694, 695 (Fla. 3d DCA1991), aff'd, 595 So.2d 957 (Fla.1992), the record is not clear as to whether the trial court based Appellant's eventual sentence on the state's arguments and the belief tha......
  • Daniels v. State, s. 91-2458
    • United States
    • Florida District Court of Appeals
    • March 15, 1994
    ...when sentencing a defendant as a habitual violent felony offender. Cotton v. State, 588 So.2d 694 (Fla. 3d DCA 1991), aff'd, 595 So.2d 957 (Fla.1992). Accordingly, we reverse the sentences imposed upon Daniels and Cochran and remand for a new sentencing hearing. We also find that the remain......
  • Miller v. State, s. 91-1743
    • United States
    • Florida District Court of Appeals
    • February 15, 1995
    ...for such sentences. See Burdick v. State, 594 So.2d 267 (Fla.1992); Cotton v. State, 588 So.2d 694 (Fla. 3d DCA 1991), approved, 595 So.2d 957 (Fla.1992); State v. Padron, 571 So.2d 102 (Fla. 3d DCA 1990); McNair v. State, 563 So.2d 804 (Fla. 3d DCA 1990); see also Oyler v. Boles, 368 U.S. ......
  • Davis v. State, 93-2355
    • United States
    • Florida District Court of Appeals
    • September 14, 1994
    ...267 (Fla.1992); Daniels v. State, 634 So.2d 187 (Fla. 3d DCA 1994); Cotton v. State, 588 So.2d 694 (Fla. 3d DCA 1991), approved, 595 So.2d 957 (Fla.1992). Because of this judicial discretion, Florida Rule of Criminal Procedure, Rule 3.720(b), requires the trial court to allow a defendant to......
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