Reichman v. State

Supreme Court of Florida

Decided September 10, 1987

Supreme Court of Florida · decided 1987-09-10

Relies on 509 So. 2d 1104 - Griffis v. State · 497 So. 2d 293 - Reichman v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1987-09-10

How this case has been cited

Cited by 77 later decisions — most recently November 2007 · most notably 564 So. 2d 480 - Cresswell v. State (1990), 623 So. 2d 490 - Sunshine Vistas Homeowners Ass'n v. Caruana (1993)

1 federal appellate · 75 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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BARKETT, Justice.

¶1We have for review Reichman v. State, 497 So.2d 293 (Fla. 1st DCA 1986), in which the district court certified the following question as one of great public importance:

DOES A TRIAL COURT’S STATEMENT, MADE AT THE TIME OF DEPARTURE FROM THE SENTENCING GUIDELINES, THAT IT WOULD DEPART FOR ANY ONE OF THE REASONS GIVEN, REGARDLESS OF WHETHER BOTH VALID AND INVALID REASONS ARE FOUND ON REVIEW, SATISFY THE STANDARD SET FORTH IN ALBRITTON v. STATE?

¶2Id. at 294-95. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

¶3We recently answered this question in the negative in Griffis v. State, 509 So.2d 1104 (Fla.1987). Accordingly, we quash the decision of the district court and direct that the case be remanded to the trial court for resentencing.

¶4It is so ordered.

McDonald, C.J., and OVERTON, EHRLICH, SHAW and GRIMES, JJ., concur.KOGAN, J., dissents.