State v. Davis, No. 93-2835

CourtCourt of Appeal of Florida (US)
Writing for the CourtERVIN; ZEHMER, C.J., and SMITH
Parties19 Fla. L. Weekly D1519 STATE of Florida, Appellant/Cross-Appellee, v. Darren Keith DAVIS, Appellee/Cross-Appellant.
Docket NumberNo. 93-2835
Decision Date12 July 1994

Page 1048

639 So.2d 1048
19 Fla. L. Weekly D1519
STATE of Florida, Appellant/Cross-Appellee,
v.
Darren Keith DAVIS, Appellee/Cross-Appellant.
No. 93-2835.
District Court of Appeal of Florida,
First District.
July 12, 1994.

Robert A. Butterworth, Atty. Gen., James W. Rogers and Giselle Lylen Rivera, Asst. Attys. Gen., Tallahassee, for appellant/cross-appellee.

Leo A. Thomas of Levin, Middlebrooks, Mabie, Thomas, Mayes & Mitchell, P.A., Pensacola, for appellee/cross-appellant.

ERVIN, Judge.

The state appeals from an order vacating appellee's guideline departure sentence, arguing that the lower court erred in retroactively applying Ree v. State, 565 So.2d 1329 (Fla.1990), which requires a trial court to reduce its reasons for departure to writing at the time of sentencing. Davis cross-appeals, contending that the court erred at resentencing by imposing a three-year minimum mandatory term for use of a firearm during the commission of robbery, thereby making it a harsher sentence, contrary to North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). We reverse as to the

Page 1049

direct appeal and remand for further proceedings, but affirm as to the cross-appeal.

On April 6, 1989, Davis was sentenced to three concurrent life terms and one concurrent 30-year term. Eight days later, he filed a notice of appeal, and on May 6, 1989, during the pendency of the appeal, the trial court filed its written reasons for guideline departure. In his direct appeal, Davis raised errors allegedly transpiring during trial, but never raised the issue regarding the trial court's failure to reduce its departure reasons to writing at the time of sentencing. Before his appeal was terminated, the Florida Supreme Court decided Ree v. State, but limited its application to cases arising prospectively. Subsequent to the decision in Ree, the First District affirmed Davis's appeal, and mandate was issued on July 12, 1991. Davis v. State, 582 So.2d 695 (Fla. 1st DCA 1991).

Thereafter, the Florida Supreme Court issued several opinions relating to the types of cases that were affected by the prospective application of Ree. One in particular, Smith v. State, 598 So.2d 1063 (Fla.1992), commented that Ree applied to all cases not yet final when mandate issued after rehearing in Ree. 1 As Davis's appeal had remained undecided at such time, Davis, on March 24, 1993, filed a motion to vacate and set aside sentence, pursuant to Florida Rules of Criminal...

To continue reading

Request your trial
5 practice notes
  • Davis v. State, No. 84155
    • United States
    • United States State Supreme Court of Florida
    • July 20, 1995
    ...Atty. Gen. and Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for respondent. OVERTON, Justice. We have for review State v. Davis, 639 So.2d 1048 (Fla. 1st DCA 1994), based on express and direct conflict with the opinion in Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), review denied,......
  • Gardner v. State, No. 96-3012
    • United States
    • Court of Appeal of Florida (US)
    • September 24, 1997
    ...4th DCA 1990) (striking parts of written probation revocation order that varied from court's express oral findings). In State v. Davis, 639 So.2d 1048, 1049 (Fla. 1st DCA 1994), approved on other grounds, 661 So.2d 1193 (Fla.1995), the first district held that the trial court's imposition, ......
  • State v. Calzada-Padron, CALZADA-PADRO
    • United States
    • Court of Appeal of Florida (US)
    • December 27, 1996
    ...a three year minimum mandatory prison sentence once a defendant has been convicted of certain enumerated felonies. State v. Davis, 639 So.2d 1048 (Fla. 1st DCA 1994), approved, 661 So.2d 1193 (Fla.1995). Since the appellee in the instant case was convicted of one of the enumerated felonies ......
  • Davis v. State
    • United States
    • United States State Supreme Court of Florida
    • November 9, 1994
    ...722 648 So.2d 722 Davis (Darren Keith) v. State NO. 84,155 Supreme Court of Florida. Nov 09, 1994 Appeal From: 1st DCA, 639 So.2d 1048 Disposition: Rev....
  • Request a trial to view additional results
5 cases
  • Davis v. State, No. 84155
    • United States
    • United States State Supreme Court of Florida
    • July 20, 1995
    ...Atty. Gen. and Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for respondent. OVERTON, Justice. We have for review State v. Davis, 639 So.2d 1048 (Fla. 1st DCA 1994), based on express and direct conflict with the opinion in Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), review denied,......
  • Gardner v. State, No. 96-3012
    • United States
    • Court of Appeal of Florida (US)
    • September 24, 1997
    ...4th DCA 1990) (striking parts of written probation revocation order that varied from court's express oral findings). In State v. Davis, 639 So.2d 1048, 1049 (Fla. 1st DCA 1994), approved on other grounds, 661 So.2d 1193 (Fla.1995), the first district held that the trial court's imposition, ......
  • State v. Calzada-Padron, CALZADA-PADRO
    • United States
    • Court of Appeal of Florida (US)
    • December 27, 1996
    ...a three year minimum mandatory prison sentence once a defendant has been convicted of certain enumerated felonies. State v. Davis, 639 So.2d 1048 (Fla. 1st DCA 1994), approved, 661 So.2d 1193 (Fla.1995). Since the appellee in the instant case was convicted of one of the enumerated felonies ......
  • Davis v. State
    • United States
    • United States State Supreme Court of Florida
    • November 9, 1994
    ...722 648 So.2d 722 Davis (Darren Keith) v. State NO. 84,155 Supreme Court of Florida. Nov 09, 1994 Appeal From: 1st DCA, 639 So.2d 1048 Disposition: Rev....
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT