Home/District Court of Appeal of Florida/Key v. State

Key v. State

452 So. 2d 1147
CourtDistrict Court of Appeal of Florida
DecidedJuly 19, 1984
Docket83-1496
StatusPublished
Cited by22 cases

This text of 452 So. 2d 1147 (Key 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
Key v. State, 452 So. 2d 1147 (Fla. Ct. App. 1984).

Opinion

452 So.2d 1147 (1984)

Edward Lawrence KEY, Appellant,
v.
STATE of Florida, Appellee.

No. 83-1496.

District Court of Appeal of Florida, Fifth District.

July 19, 1984.

James B. Gibson, Public Defender, and Lucinda H. Young, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Richard B. Martell, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

A negotiated plea which includes an agreement that the defendant may be sentenced to imprisonment for a period of time in excess of the new sentencing guidelines (although within the minimum and maximum sentence limitations provided by law) is a clear and sufficient reason for departure from those guidelines. See Fla.R. Crim.P. 3.701(b)(6).

Notwithstanding that this sentence was imposed following the entry of a guilty plea, defendant has a right to appeal the sentence because of the departure from the guidelines. See § 921.001(5), Fla. Stat. (1983). However, because there was no error in the departure here, the sentence appealed from is

AFFIRMED.

DAUKSCH and COWART, JJ., concur.

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

Related

Boyd v. State
658 So. 2d 1115 (District Court of Appeal of Florida, 1995)
Floyd v. State
593 So. 2d 333 (District Court of Appeal of Florida, 1992)
Thomas v. State
539 So. 2d 34 (District Court of Appeal of Florida, 1989)
Bland v. State
526 So. 2d 947 (District Court of Appeal of Florida, 1988)
Hosmer v. State
523 So. 2d 184 (District Court of Appeal of Florida, 1988)
Dunn v. State
522 So. 2d 41 (District Court of Appeal of Florida, 1988)
Denmark v. State
519 So. 2d 20 (District Court of Appeal of Florida, 1987)
Newton v. State
513 So. 2d 1271 (District Court of Appeal of Florida, 1987)
Holland v. State
508 So. 2d 5 (Supreme Court of Florida, 1987)
Quarterman v. State
506 So. 2d 50 (District Court of Appeal of Florida, 1987)
Houston v. State
502 So. 2d 977 (District Court of Appeal of Florida, 1987)
White v. State
489 So. 2d 115 (District Court of Appeal of Florida, 1986)
State v. Collins
482 So. 2d 388 (District Court of Appeal of Florida, 1986)
Bowker v. State
466 So. 2d 1246 (District Court of Appeal of Florida, 1985)
Scott v. State
465 So. 2d 1359 (District Court of Appeal of Florida, 1985)
Knowlton v. State
466 So. 2d 278 (District Court of Appeal of Florida, 1985)
Coates v. State
458 So. 2d 1219 (District Court of Appeal of Florida, 1984)
Mischler v. State
458 So. 2d 37 (District Court of Appeal of Florida, 1984)
Albritton v. State
458 So. 2d 320 (District Court of Appeal of Florida, 1984)
Green v. State
460 So. 2d 378 (District Court of Appeal of Florida, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
452 So. 2d 1147, Counsel Stack Legal Research, https://law.counselstack.com/opinion/key-v-state-fladistctapp-1984.