Opinion

State v. Lamar

  • 20 Fla. L. Weekly Supp. 431
  • 659 So. 2d 262
  • 1995 Fla. LEXIS 1389
Court
Supreme Court of Florida
Filed
Aug 24, 1995
Status
Published
Author
Kogan
On the bench
Anstead, Grimes, Harding, Kogan, Overton, Shaw, Wells
Cited by
13 cases

observing that “whenever a defendant is being sentenced for both a violation of probation and a new substantive offense, the violation of probation can be scored as either the primary offense or as prior record so long as it gives the most severe sanction. Likewise, the new substantive offense can be scored as the primary offense or as an additional offense provided the sentence results in the most severe sanction. It is evident that this sentencing scheme was intended to ‘punish repeat offenders more severely than first-time offender.’ ”

How later courts described this case

  • observing that “whenever a defendant is being sentenced for both a violation of probation and a new substantive offense, the violation of probation can be scored as either the primary offense or as prior record so long as it gives the most severe sanction. Likewise, the new substantive offense can be scored as the primary offense or as an additional offense provided the sentence results in the most severe sanction. It is evident that this sentencing scheme was intended to ‘punish repeat offenders more severely than first-time offender.’ ”

Written by the judges who cited it.

The opinion

KOGAN, Justice,

concurring.

While I continue to view the sentencing scheme advocated by my dissent in Stafford as more reasonable, I concur based on the doctrine of stare decisis.

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.

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