Baker v. State

Supreme Court of Florida

Baker v. State

733 So. 2d 992, 24 Fla. L. Weekly Supp. 183, 1999 Fla. LEXIS 576, 1999 WL 216879

Supreme Court of Florida·Decided April 15, 1999·No. No. 93,486·Published

Opinion

SHAW, J.

We have for review State v. Baker, 713 So.2d 1027 (Fla. 2d DCA 1998), wherein the district court certified:

What factors must be proven by a preponderance of the evidence to establish that the need for payment of restitution outweighs the need for a prison sentence to justify a downward departure sentence?

Id. at 1028. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in Banks v. State, 732 So.2d 1065 (Fla.1999). We quash Baker and remand for proceedings consistent with Banks.

It is so ordered.

[993] HARDING, C.J, WELLS, ANSTEAD and PARIENTE, JJ., and OVERTON and KOGAN, Senior Justices, concur.

Free access — add to your briefcase to read the full text and ask questions with AI

SHAW, J.

We have for review State v. Baker, 713 So.2d 1027 (Fla. 2d DCA 1998), wherein the district court certified:

What factors must be proven by a preponderance of the evidence to establish that the need for payment of restitution outweighs the need for a prison sentence to justify a downward departure sentence?

Id. at 1028. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We recently answered this question in Banks v. State, 732 So.2d 1065 (Fla.1999). We quash Baker and remand for proceedings consistent with Banks.

It is so ordered.

[993] HARDING, C.J, WELLS, ANSTEAD and PARIENTE, JJ., and OVERTON and KOGAN, Senior Justices, concur.

Baker v. State, 733 So. 2d 992, 24 Fla. L. Weekly Supp. 183, 1999 Fla. LEXIS 576, 1999 WL 216879 (Fla. 1999).

Pincite

733 So. 2d 992 (Baker v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related