Baker v. State

733 So. 2d 992, 24 Fla. L. Weekly Supp. 183, 1999 Fla. LEXIS 576, 1999 WL 216879
CourtSupreme Court of Florida
DecidedApril 15, 1999
DocketNo. 93,486
StatusPublished

This text of 733 So. 2d 992 (Baker v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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

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Related

Banks v. State
732 So. 2d 1065 (Supreme Court of Florida, 1999)
State v. Baker
713 So. 2d 1027 (District Court of Appeal of Florida, 1998)

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Bluebook (online)
733 So. 2d 992, 24 Fla. L. Weekly Supp. 183, 1999 Fla. LEXIS 576, 1999 WL 216879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baker-v-state-fla-1999.