Legal Opinion

Smith v. State

District Court of Appeal of Florida

Decided May 27, 1992No. 90-01505PublishedCited by 3 opinions

1Opinion of the Court

599 So.2d 265 (1992)

Kerry SMITH, Appellant,

v.

STATE of Florida, Appellee.

No. 90-01505.

District Court of Appeal of Florida, Second District.

May 27, 1992.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

LEHAN, Judge.

Defendant appeals the upward departure sentence he received upon revocation of his probation. We reverse.

The trial court stated its reason for departure in its order as follows:

The defendant committed 7…

2Cases cited4 opinions

  1. Barfield v. StateSupreme Court of Florida · 1992
  2. State v. JonesSupreme Court of Florida · 1988
  3. State v. SimpsonSupreme Court of Florida · 1989
  4. Green v. StateDistrict Court of Appeal of Florida · 1989

3Cited by3 opinions

  1. Hernandez v. StateDistrict Court of Appeal of Florida · 1995
  2. Tucker v. StateDistrict Court of Appeal of Florida · 1995
  3. Conners v. StateDistrict Court of Appeal of Florida · 1997

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