(Download) "Donna Harris Griffin v. State Florida" by Supreme Court of Florida ~ Book PDF Kindle ePub Free
eBook details
- Title: Donna Harris Griffin v. State Florida
- Author : Supreme Court of Florida
- Release Date : January 10, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Order ENFORCING MANDATE In this cause this Court did review Griffin v. State, 470 So.2d 103 (Fla. 2d DCA 1985), in which
the District Court certified a question of great public importance. In our opinion dated December 5, 1985, Griffin v. State,
479 So.2d 739 (Fla. 1985), we answered the certified question, holding that a departure sentence grounded on both permissible
and impermissible reasons must be reversed and the defendant resentenced unless the state is able to show beyond a reasonable
doubt that the absence of the impermissible reason(s) would not have affected the departure sentence. Accordingly, we quashed
the district court's decision with directions that the district court remand to the trial court for resentencing. On remand, it appears that the trial court merely issued in chambers an order confining that the departure sentence would
have been imposed upon the Petitioner based solely on the valid written reasons. The trial judge did not interpret this Court's
opinion as requiring a resentencing hearing and, therefore, a hearing was not held and neither Petitioner nor Petitioner's
counsel was present or otherwise allowed to be heard.
 "Donna Harris Griffin v. State Florida" by Supreme Court of Florida ~ Book PDF Kindle ePub Free){kind=link}