Hall v. State

District Court of Appeal of Florida

Decided July 12, 1996

District Court of Appeal of Florida · decided 1996-07-12

Cited by 2 later decisions — most recently August 2005

2 state decisions

Key passage — most relied on by later courts

“IS THERE ANY LIMIT UPON A TRIAL JUDGE’S RIGHT TO IMPOSE A DEPARTURE SENTENCE UNDER THE GUIDELINES BASED SOLELY ON AN UNSCORABLE CRIMINAL OFFENSE COMMITTED AFTER THE CRIME BEING SENTENCED FOR, SUCH AS NOT DEPARTING BEYOND THE PERMISSIBLE SENTENCING RANGE, HAD THE LATER OFFENSE BEEN SCORED?”

quoted by 1 later decision, including 692 So. 2d 155 - Hall v. State

Relies on 670 So. 2d 932 - DEPT. OF BANKING & FIN. v. Osborne Stern · Harris v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-07-12

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PER CURIAM.

¶1We affirm the judgment and sentence. However, we again certify the question posed in Harris v. State, 659 So.2d 1360 (Fla. 5th DCA 1995), review granted, 670 So.2d 938 (Fla.1996), as being of public importance, to wit:

IS THERE ANY LIMIT UPON A TRIAL JUDGE’S RIGHT TO IMPOSE A DEPARTURE SENTENCE UNDER THE GUIDELINES BASED SOLELY ON AN UNSCORABLE CRIMINAL OFFENSE COMMITTED AFTER THE CRIME BEING SENTENCED FOR, SUCH AS NOT DEPARTING BEYOND THE PERMISSIBLE SENTENCING RANGE, HAD THE LATER OFFENSE BEEN SCORED?

¶2AFFIRMED.

COBB, W. SHARP and ANTOON, JJ., concur.