Russell v. State

5 Citing cases

  1. Colbert v. State

    490 So. 2d 942 (Fla. 1986)   Cited 1 times

    Affirmed. Russell v. State, 458 So.2d 422, 423 (Fla. 2d DCA 1984). However, we recognize that Russell is in conflict with Young v. State, 455 So.2d 551, 552 (Fla. 1st DCA 1984).

  2. Russell v. State

    472 So. 2d 466 (Fla. 1985)

    ALDERMAN, Justice. The decision of the District Court of Appeal, Second District, in Russell v. State, 458 So.2d 422 (Fla. 2d DCA 1984), is approved on the authority of Weems v. State, 469 So.2d 128 (Fla. 1985). It is so ordered.

  3. Fox v. State

    554 So. 2d 627 (Fla. Dist. Ct. App. 1989)

    Of the individual reasons given by the trial court for departure, we conclude that only the first is valid; namely, the eight second-degree felonies and seventy-seven third-degree felonies not scored on the scoresheet. See Russell v. State, 458 So.2d 422 (Fla. 2d DCA 1984), approved, 472 So.2d 466 (Fla. 1985). We further conclude that the fifty-year sentence was an abuse of discretion, and note that we have previously rejected sentences six times the recommended score in Campos v. State, 515 So.2d 1358 (Fla. 4th DCA 1987), and five times the recommended score in McBride v. State, 477 So.2d 1091 (Fla. 4th DCA 1985).

  4. Colbert v. State

    518 So. 2d 448 (Fla. Dist. Ct. App. 1988)   Cited 1 times

    That was a proper basis for departure because those two robberies had not been factored into the scoresheet. Russell v. State, 458 So.2d 422 (Fla. 2d DCA 1984), approved, 472 So.2d 466 (Fla. 1985). But thereafter Florida Rule of Criminal Procedure 3.988 was revised so that, through the use of a table, additional points should be factored into the scoresheet for every conviction "[a]bove 4," the effect being that no longer would the two robberies in excess of four constitute a proper basis for departure.

  5. Ward v. State

    492 So. 2d 472 (Fla. Dist. Ct. App. 1986)   Cited 1 times

    PER CURIAM. Affirmed. Albritton v. State, 476 So.2d 158 (Fla. 1985); Hannah v. State, 480 So.2d 718 (Fla. 4th DCA 1986); Russell v. State, 458 So.2d 422 (Fla. 2d DCA 1984), approved, 472 So.2d 466 (Fla. 1985); McKee v. State, 450 So.2d 563 (Fla. 3d DCA 1984).