Legal Opinion
Darrisaw v. State
District Court of Appeal of Florida
Decided September 9, 1994No. 93-1708PublishedCited by 5 opinions
1Opinion of the Court
642 So.2d 615 (1994)
Marty B. DARRISAW, Appellant,
v.
STATE of Florida, Appellee.
No. 93-1708.
District Court of Appeal of Florida, Fourth District.
September 9, 1994.
Nelson E. Bailey, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and William A. Spillias, Asst. Atty. Gen., West Palm Beach, for appellee.
ON MOTION FOR REHEARING
WARNER, Judge.
We withdraw our previous opinion and substitute the following in its place.
We affirm the conviction of appellant. However, we reverse the departure sentence as neither reason given by the trial judge is a valid ground for departure.
2Cases cited5 opinions
- Hendrix v. StateSupreme Court of Florida · 1985
- Barfield v. StateSupreme Court of Florida · 1992
- Taylor v. StateSupreme Court of Florida · 1992
- Smith v. StateDistrict Court of Appeal of Florida · 1987
- Davis v. StateDistrict Court of Appeal of Florida · 1988
3Cited by5 opinions
- State v. DarrisawSupreme Court of Florida · 1995
- Cooper v. StateDistrict Court of Appeal of Florida · 2000
- Darrisaw v. StateDistrict Court of Appeal of Florida · 1996
- Tucker v. StateDistrict Court of Appeal of Florida · 1995
- Williams v. StateDistrict Court of Appeal of Florida · 1995