Maguire v. State

Supreme Court of Florida

Maguire v. State

594 So. 2d 306, 17 Fla. L. Weekly Supp. 151, 1992 Fla. LEXIS 193, 1992 WL 34695

CourtSupreme Court of Florida

DecidedFebruary 27, 1992

DocketNo. 78849

StatusPublished

This text of 594 So. 2d 306 (Maguire 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

Maguire v. State, 594 So. 2d 306, 17 Fla. L. Weekly Supp. 151, 1992 Fla. LEXIS 193, 1992 WL 34695 (Fla. 1992).

Pincite

Opinion

PER CURIAM.

We review Maguire v. State, 586 So.2d 1268 (Fla. 2d D.C.A.1991), in which the district court of appeal certified the following as a question of great public importance:

DOES A SECOND VIOLATION OF PROBATION CONSTITUTE A VALID BASIS FOR A DEPARTURE SENTENCE BEYOND THE ONE-CELL DEPARTURE PROVIDED IN THE SENTENCING GUIDELINES?

Id. at 1268. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Though phrased in a different manner, this question has been answered negatively in our recent opinion in Williams v. State, 594 So.2d 273 (Fla.1992). We quash the decision below to the extent that it conflicts with that opinion and remand the case for disposition consistent with that opinion.

It is ordered.

SHAW, C.J., and OVERTON, McDonald, barkett, grimes, KOGAN and HARDING, JJ., concur.

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