Moten v. State

579 So. 2d 916, 1991 Fla. App. LEXIS 5451, 1991 WL 90281
CourtDistrict Court of Appeal of Florida
DecidedMay 31, 1991
DocketNo. 90-02406
StatusPublished
Cited by2 cases

This text of 579 So. 2d 916 (Moten 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
Moten v. State, 579 So. 2d 916, 1991 Fla. App. LEXIS 5451, 1991 WL 90281 (Fla. Ct. App. 1991).

Opinion

PER CURIAM.

We affirm the judgment and sentence in this case, including the departure from the sentence recommended by sentencing guidelines. See Williams v. State, 568 So.2d 1276 (Fla. 2d DCA 1990). As in Williams, we certify to the Florida Supreme Court the following 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?
SCHEB, A.C.J., and FRANK and HALL, JJ.,- concur.

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Related

Moten v. State
594 So. 2d 289 (Supreme Court of Florida, 1992)
Maguire v. State
586 So. 2d 1268 (District Court of Appeal of Florida, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
579 So. 2d 916, 1991 Fla. App. LEXIS 5451, 1991 WL 90281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moten-v-state-fladistctapp-1991.