Public-domain · open source
OpenJurist

455 So. 2d 1153

Docket No. 83-1705.

Maged v. State

Carey Daniel MAGED, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided September 20, 1984.

District Court of Appeal of Florida · decided 1984-09-20

Cited by 6 later decisions — most recently February 1985

6 state decisions

Relies on Carter v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1984-09-20

View the full empirical analysis of this case →

¶1*1154 James B. Gibson, Public Defender, and Christopher S. Quarles, Asst. Public Defender, Daytona Beach, for appellant.

¶2Jim Smith, Atty. Gen., Tallahassee, and Kenneth McLaughlin, Asst. Atty. Gen., Daytona Beach, for appellee.

¶3COWART, Judge.

¶4Appellant originally pled guilty to three counts of violation of the statutory offense of fraudulent deposit of item (§ 832.05(3), Fla. Stat.) and was placed on probation. Appellant violated his probation and it was revoked and sentences were imposed on the original offenses. In sentencing appellant the trial judge departed from the presumptive sentence established by the Sentencing Guidelines set forth in Florida Rule of Criminal Procedure 3.701 and Form 3.988(f), and, as required by Rule 3.701 b. 6. and d. 11., articulated in writing his reason for deviating as being the fact that as to these crimes appellant had been placed on probation and had violated the terms of that probation by absconding.

¶5We have recently held that, in the exercise of judicial sentencing discretion and when articulated in writing, a violation of probation may serve as a clear and convincing reason for departure from a guideline sentence. See Carter v. State,452 So.2d 953 (Fla. 5th DCA 1984).

¶6AFFIRMED.

¶7FRANK D. UPCHURCH, Jr., J., concurs.

¶8DAUKSCH, J., concurs in conclusion only.

/455/so2d/1153 · .json · Public domain