Legal Opinion

Brown v. State

District Court of Appeal of Florida

Decided October 4, 1991No. 88-641PublishedCited by 2 opinions

1Opinion of the Court

SMITH, Judge.

We affirmed the departure sentence imposed because we found one of the bases for departure, lack of regard for the law and the judiciary, to be a permissible ground and to be adequately supported by the record. Brown v. State, 535 So.2d 671 (Fla. 1st DCA 1988). The supreme court reviewed our decision based on express and direct conflict with Hendsbee v. State, 497 So.2d 718 (Fla. 2d DCA 1986), and Lee v. State, 486 So.2d 709 (Fla. 5th DCA 1986). The supreme court held that disrespect for the law, standing alone, is an invalid basis for departure. Brown v. State, 569 So.2d 1223…

2Cases cited17 opinions

  1. State v. SimpsonSupreme Court of Florida · 1989
  2. Carney v. StateDistrict Court of Appeal of Florida · 1984
  3. State v. TynerSupreme Court of Florida · 1987
  4. Von Carter v. StateDistrict Court of Appeal of Florida · 1985
  5. Hernandez v. StateSupreme Court of Florida · 1991

12 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Rubin v. StateDistrict Court of Appeal of Florida · 1997
  2. Welch v. StateDistrict Court of Appeal of Florida · 1994

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API