Johnson v. State

Dwight JOHNSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 23, 1987.

District Court of Appeal of Florida · decided 1987-06-23

Cited by 4 later decisions — most recently March 1989

4 state decisions

Relies on 500 So. 2d 501 - Williams v. State · 501 So. 2d 158 - Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-23

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¶1 *780 Bennett H. Brummer, Public Defender, and N. Joseph Durant, Jr., Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

¶3Before BASKIN, FERGUSON and JORGENSON, JJ.

¶4PER CURIAM.

¶5Williams v. State, 500 So.2d 501 (Fla. 1986) and Johnson v. State, 501 So.2d 158 (Fla. 3d DCA 1987), hold that failure to appear for sentencing after adjudication is not "a clear and convincing reason for departure" from the sentencing guidelines, even where bargained for. The State agrees.

¶6REVERSED and REMANDED with instructions to enter a sentence which comports with the guidelines.