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Freeney v. State

549 So. 2d 792, 14 Fla. L. Weekly 2343, 1989 Fla. App. LEXIS 5450, 1989 WL 114243
CourtDistrict Court of Appeal of Florida
DecidedOctober 5, 1989
DocketNo. 88-1888
StatusPublished

This text of 549 So. 2d 792 (Freeney v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freeney v. State, 549 So. 2d 792, 14 Fla. L. Weekly 2343, 1989 Fla. App. LEXIS 5450, 1989 WL 114243 (Fla. Ct. App. 1989).

Opinions

COWART, Judge.

The departure sentence in this case is reversed because: (1) the facts that were sufficient to violate the defendant’s probation are not sufficient to constitute a clear and convincing reason for imposition of the departure sentence in this case, Lambert v. State, 545 So.2d 838 (Fla.1989); Branton v. State, 548 So.2d 882 (Fla. 5th DCA 1989); and (2) defendant’s pattern of committing new crimes does not meet the standard for departure based on temporal proximity of offenses set out in State v. Jones, 530 So.2d 53 (Fla.1988).

REVERSED and REMANDED for re-sentencing.

GOSHORN, J., concurs. DAUKSCH, J., dissents with opinion.

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Related

State v. Jones
530 So. 2d 53 (Supreme Court of Florida, 1988)
Branton v. State
548 So. 2d 882 (District Court of Appeal of Florida, 1989)
Lambert v. State
545 So. 2d 838 (Supreme Court of Florida, 1989)

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Bluebook (online)
549 So. 2d 792, 14 Fla. L. Weekly 2343, 1989 Fla. App. LEXIS 5450, 1989 WL 114243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freeney-v-state-fladistctapp-1989.