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Davis v. State

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eBook details

  • Title: Davis v. State
  • Author : Supreme Court of Illinois
  • Release Date : January 20, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 54 KB

Description

We have for review State v. Davis, 639 So.2d 1048 (Fla. 1st DCA 1994), based on express and direct conflict with the opinion in Braddy v. State, 520 So.2d 660 (Fla. 4th DCA), review denied, 528 So.2d 1183 (Fla. 1988). We have jurisdiction. Art. V, ? 3(b)(3), Fla. Const. This case involves an alleged sentencing error dispute in which Darren Keith Davis seeks relief from his departure sentence through collateral attack under Florida Rules of Criminal Procedure 3.800(a) and 3.850. For the reasons expressed, we approve the district courts decision in Davis and disapprove the opinion in Braddy, finding that the failure to file contemporaneous written reasons for a departure sentence that is within the maximum period provided by law may not be raised as error for the first time in a collateral relief proceeding.


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