Opinion

Washington v. State

  • 14 Fla. L. Weekly 2349
  • 549 So. 2d 799
  • 1989 Fla. App. LEXIS 5454
  • 1989 WL 114260
Court
District Court of Appeal of Florida
Filed
Oct 5, 1989
Status
Published
Author
Sharp
On the bench
Cowart, Daniel, Sharp
Cited by
3 cases
Authority
More cited than 26.6%

The opinion

SHARP, Judge,

concurring specially.

I write merely to point out a distinction between this case and Young v. State, 519 So.2d 719 (Fla. 5th DCA 1988) and Lambert v. State, 517 So.2d 133 (Fla. 4th DCA 1987). Both in Young and Lambert , the trial judges “found” and the defendants disputed they had respectively violated probation or community control by committing additional substantive crimes. These findings do not require a determination of guilt beyond a reasonable doubt (Ferris v. State, 489 So.2d 174 (Fla. 5th DCA 1986)), and thus support the supreme court’s policy determination articulated in Lambert v. State, 545 So.2d 838 (Fla.1989) that in order to base a departure on subsequent criminal behavior, convictions must be first obtained. In this case, no conviction was obtained, but Washington pled guilty to having committed five additional frauds. No greater degree of proof need ever be-obtained.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.