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592 So. 2d 1090

592 So.2d 1090

17 Fla.L.WeeklySupp. 107

Fernandez v. State

Supreme Court of Florida

Decided February 13, 1992

Supreme Court of Florida · decided 1992-02-13

Cited by 4 later decisions — most recently December 1992

4 state decisions

Relies on Boatmen's National Bank of St. Louis v. Carver · 545 So. 2d 838 - Lambert v. State · Ree v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-02-13

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PER CURIAM.

¶1We originally accepted jurisdiction to review Fernandez v. State, 564 So.2d 272 (Fla.2d DCA 1990), upon the assumption that it conflicted with Ree v. State, 565 So.2d 1329 (Fla.1990), modified, State v. Lyles, 576 So.2d 706 (Fla.1991), and Lambert v. State, 545 So.2d 838 (Fla.1989). We have now determined that no conflict exists and that the opinion below is consistent with our decisions in State v. Betancourt, 552 So.2d 1107 (Fla.1989), and Jones v. State, 559 So.2d 204 (Fla.), cert. denied, — U.S. -, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990). Because the defendant is going to be resentenced upon a violation of probation, we call the trial judge’s attention to Williams v. State, 581 So.2d 144 (Fla.1991), and Williams v. State, 594 So.2d 273 (Fla.1992), as well as Lambert, all of which provide guidance for sentencing under such circumstances. We dismiss the petition for review.

¶2It is so ordered.

SHAW, C.J. and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.
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