Supreme Court of Florida, 1992

Fernandez v. State

Fernandez v. State
Supreme Court of Florida · Decided February 13, 1992 · Barkett, Grimes, Harding, Kogan, McDonald, Overton, Shaw
592 So. 2d 1090; 17 Fla. L. Weekly Supp. 107; 1992 Fla. LEXIS 190; 1992 WL 24979 (Southern Reporter, Second Series)

Fernandez v. State

Opinion of the Court

PER CURIAM.

We originally accepted jurisdiction to review Fernandez v. State, 564 So.2d 272 (Fla.2d DCA 1990), upon the assumption that it conflicted with Ree v. State, 565 So.2d 1329 (Fla. 1990), modified, State v. Lyles, 576 So.2d 706 (Fla. 1991), and Lambert v. State, 545 So.2d 838 (Fla. 1989). We have now determined that no conflict exists and that the opinion below is consistent with our decisions in State v. Betancourt, 552 So.2d 1107 (Fla. 1989), and Jones v. State, 559 So.2d 204 (Fla.), cert. denied, — U.S. -, 111 S.Ct. 276, 112 L.Ed.2d 232 (1990). Because the defendant is going to be resentenced upon a violation of probation, we call the trial judge’s attention to Williams v. State, 581 So.2d 144 (Fla. 1991), and Williams v. State, 594 So.2d 273 (Fla. 1992), as well as Lambert, all of which provide guidance for sentencing under such circumstances. We dismiss the petition for review.

It is so ordered.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.