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519 So. 2d 731

Docket No. BM-412.

Smith v. State

Donald Lee SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 8, 1988.

District Court of Appeal of Florida · decided 1988-02-08

Key passage — most relied on by later courts

“IN LIGHT OF WILLIAMS V. STATE, 500 So.2d 501 (FLA. 1986), MAY A TRIAL JUDGE EXCEED THE RECOMMENDED GUIDELINES SENTENCE BASED UPON A LEGITIMATE AND UNCOERCED CONDITION OF A PLEA BARGAIN?”

quoted by 1 later decision, including Smith v. State

Relies on 500 So. 2d 501 - Williams v. State · 506 So. 2d 50 - Quarterman v. State · 514 So. 2d 1135 - Hansley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-02-08

How this case has been cited

Cited by 7 later decisions — most recently September 2005

7 state decisions

40198819902000decided

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.

View the full empirical analysis of this case →

¶1Michael E. Allen, Public Defender, P. Douglas Brinkmeyer, Asst. Public Defender, Tallahassee, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Bradford L. Thomas, Asst. Atty. Gen., Tallahassee, for appellee.

¶3SMITH, Chief Judge.

¶4Appellant expressly agreed to a sentence outside the guidelines as part of his plea bargain. Accordingly, we affirm the departure sentence. However, as the court did in Quarterman v. State,506 So.2d 50 (Fla. 2nd DCA 1987), review pending in the Florida Supreme Court, Case No. 70,567, we certify the following question:

IN LIGHT OF Williams v. State,500 So.2d 501 (Fla. 1986), MAY A TRIAL JUDGE EXCEED THE RECOMMENDED GUIDELINES SENTENCE BASED UPON A LEGITIMATE AND UNCOERCED CONDITION OF A PLEA BARGAIN?

¶5Pursuant to Rule 9.030(a)(2)(A)(iv), Florida Rules of Appellate Procedure, we certify that the decision in this case expressly and directly conflicts with the decision of another district court of appeal on the same question of law. See Broomfield v. State,514 So.2d 1135 (Fla. 5th DCA 1987). See also State v. Williams,515 So.2d 1051 (Fla. 3d DCA 1987).

¶6ERVIN and NIMMONS, JJ., concur.

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