Moten v. State

Supreme Court of Florida

Moten v. State

594 So. 2d 289, 17 Fla. L. Weekly Supp. 97, 1992 Fla. LEXIS 164, 1992 WL 18584

CourtSupreme Court of Florida

DecidedFebruary 6, 1992

DocketNo. 78086

StatusPublished

This text of 594 So. 2d 289 (Moten 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

Moten v. State, 594 So. 2d 289, 17 Fla. L. Weekly Supp. 97, 1992 Fla. LEXIS 164, 1992 WL 18584 (Fla. 1992).

Pincite

Opinion

PER CURIAM.

We review Moten v. State, 579 So.2d 916 (Fla. 2d DCA 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 916. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

Though phrased in a different manner, this question has been answered negatively in our opinion in Williams v. State, 592 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 so ordered.

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

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