DARLENE PELHAM KLAPP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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OTT, Judge.
We affirm appellant’s sentence which departed from the sentencing guidelines. Violation of a substantive condition of probation can be a basis for sentencing outside the guidelines. See Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984); see also Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984). The trial judge’s failure to include written reasons for departing from the guidelines is not error because the reasons were clearly articulated at appellant’s sentencing hearing, a transcript of which is in the record. See Smith v. State, 454 So. 2d 90 (Fla. 2d DCA 1984).
From the record before us, we are unable to determine whether there is merit to appellant’s argument that she was not given proper credit for time served. Consequently, our affirmance is without prejudice to appellant raising this issue in a motion pursuant to Florida Rule of Criminal Procedure 3.850.
AFFIRMED.
SCHOONOVER and LEHAN, JJ., concur.
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Boynton v. State, 473 So. 2d 703 (Fla. 4th DCA 1985)…ictation into the record of clear and convincing reasons satisfies the rule. The fifth district in Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984), and the second district in Brady v. State, 457 So. 2d 544 (Fla. 2d DCA 1984), and Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984), have followed Harvey v. State. The first district, however, in Roux v. State, 455 So. 2d 495 (Fla. 1st DCA 1984), and in Jackson v. State, 454 So. 2d 691 (Fla. 1st DCA 1984), has held that a writing is required. We feel that the…
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Mischler v. State, 458 So. 2d 37 (Fla. 4th DCA 1984)…Fla. 5th DCA 1984); Bogan v. State, 454 So. 2d 686 (Fla. 1st DCA 1984); Maged v. State, 455 So. 2d 1153 (Fla. 5th DCA 1984); Jean v. State, 455 So. 2d 1083 (Fla. 2d DCA 1984); Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984); Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984). Probation is not a sentence controlled by guidelines Cigelski v. State, 453 So. 2d 840 (Fla. 1st DCA 1984). Revocation proceedings are within sentencing guidelines Olsen v. State, 458 So. 2d 772 (Fla. 4th DCA 1984). Mentally…1 / 2
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Steiner v. State, 469 So. 2d 179 (Fla. 3d DCA 1985)…ted battery; and (b) that the defendant was on probation when he committed the second substantive crime in sentencing for that latter offense; here, the burglary. Rodriguez v. State, 464 So. 2d 638 (Fla. 3d DCA 1985) and cases cited. Klapp v. State, 456 So. 2d 970 (Fla. 2d DCA 1984); Higgs v. State, 455 So. 2d 451 (Fla. 5th DCA 1985); Bogan v. State, 454 So. 2d 686 (Fla. 1st DCA 1984). Affirmed. . The appellant does not claim, and hence we do not consider, whether the adoption of the sentencing guidelines a…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Carter v. State, 452 So. 2d 953 (Fla. 5th DCA 1984)
- Smith v. State, 454 So. 2d 90 (Fla. 2d DCA 1984)
- Glynn Addison, Jr. v. State, 452 So. 2d 955 (Fla. 2d DCA 1984)