James v. State

Decided February 15, 1989

District Court of Appeal of Florida · decided 1989-02-15

Key passage — most relied on by later courts

“Having sentenced a defendant to a term of incarceration followed by probation or community control, without suspension of any part of the period of incarceration, may the trial court, after a violation of the probation or community control, impose any sentence that could have been originally imposed with credit for time served and within the sentencing guidelines unless valid reasons for departure are given?”

quoted by 1 later decision, including 558 So. 2d 1000 - James v. State

Relies on 531 So. 2d 161 - Poore v. State · 526 So. 2d 159 - Franklin v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-02-15

How this case has been cited

Cited by 6 later decisions — most recently January 2013

6 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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¶1ON PETITION FOR REHEARING

PER CURIAM.

¶2Appellant’s petition for rehearing is granted and the sentence appealed from is affirmed upon authority of Poore v. State, 531 So.2d 161 (Fla.1988), and Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988).

¶3Furthermore, we certify to the Supreme Court of Florida the following question as one of great public importance:

HAVING SENTENCED A DEFENDANT TO A TERM OF INCARCERATION FOLLOWED BY PROBATION OR COMMUNITY CONTROL, WITHOUT SUSPENSION OF ANY PART OF THE PERIOD OF INCARCERATION, MAY THE TRIAL COURT, AFTER A VIOLATION OF THE PROBATION OR COMMUNITY CONTROL, IMPOSE ANY SENTENCE THAT COULD HAVE BEEN ORIGINALLY IMPOSED WITH CREDIT FOR TIME SERVED AND WITHIN THE SENTENCING GUIDELINES UNLESS VALID REASONS FOR DEPARTURE ARE GIVEN?

HERSEY, C.J., DOWNEY, J., and FRANK, RICHARD, Associate Judge, concur.