ROBERT M. HODGES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Robert Hodges appeals sentences imposed after conviction for three counts of second-degree murder, three counts of kidnapping, and racketeering. The court affirms the sentences for murder and kidnapping but vacates the racketeering sentence because the trial court imposed a total sentence of life imprisonment plus thirty years' probation without written justification, exceeding the sentencing guidelines maximum.
The sentences to life imprisonment for each murder and kidnapping offense are affirmed as they fall within the guideline range. The racketeering sentence is vacated and remanded because the total sentence imposed (life plus thirty years' probation) exceeded the maximum guideline range without written reasons for departure.
[1] A trial court has the ultimate responsibility for assuring the accuracy of a sentencing scoresheet.
[2] A total sentence imposed cannot exceed the total guideline sentence unless a written reason is given for the departure.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The total sentence imposed "cannot exceed' the total guideline sentence unless a written reason is given."”
Establishes the fundamental rule that total sentences must comply with guidelines without written justification for departure
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHodges was convicted by jury of three counts of second-degree murder, three counts of kidnapping, and one count of racketeering. The trial court sente…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Departure From Guidelines cases and more on FLexlaw
DANAHY, Judge.
Appellant, Robert M. Hodges, appeals from sentences entered after judgments upon a jury verdict finding him guilty of three counts of second degree murder, three counts of kidnapping, and one count of racketeering. He also appeals from the judgment entered against him on the racketeering count. Appellant elected to be sentenced under the new sentencing guidelines pursuant to section 921.001(4)(a), Florida Statutes (1983). See In re Rules of Criminal Procedure (Sentencing Guidelines), 439 So. 2d 848 (Fla.1983). Appellant received six concurrent terms of life imprisonment for each of the second degree murder and kidnaping offenses and a consecutive term of thirty years’ probation for the racketeering offense. We affirm in part and reverse in part.
Appellant argues several points on appeal in support of his contention that the trial court erred in imposing sentences exceeding the range permitted under the sentencing guidelines without giving written reasons for the departure.
We reject appellant’s argument that the points assessed against him were excessive. It is evident from the record that all concerned understood that the sentencing guideline score-sheet prepared in connection with appellant’s case was properly modified during, the sentencing proceeding. See Florida Rule of Criminal Procedure 3.701(d)(1) (trial judge has ultimate responsibility for assuring the accuracy of the scoresheet). Specifically, the transcript of the sentencing hearing reflects that the state reviewed and justified all points assessed in each category against appellant. The final point total clearly placed appellant within the recommended sentencing guidelines range of life imprisonment.
However, although the trial judge correctly sentenced appellant for each of his seven offenses as required by Florida Rule of Criminal Procedure 3.701(d)(12), he effectively sentenced him to a total of life imprisonment plus thirty years’ probation. That was improper. Walker v. State, 458 So. 2d 396 (Fla. 1st DCA 1984); Roux v. State, 455 So. 2d 495 (Fla. 1st DCA 1984). The total sentence imposed “cannot exceed' the total guideline sentence unless a written reason is given.” Fla.R.Crim.P. 3.701(d)(12).
Moreover, when appellant was sentenced on December 20, 1983, Committee Note.(d)(12) provided, as a specific limitation on the permissible total length of a split sentence (i.e., incarceration and probation), that “the total sanction imposed cannot exceed the maximum guideline range.” See In re Rules of Criminal Procedure (Sentencing Guidelines), 439 So. 2d 848 (Fla.1983); Walker v. State; Roux v. State. In appellant’s case, because the maximum guidelines range for each of his offenses is life imprisonment, a sentence of “life plus thirty years” is outside the guidelines.
Furthermore, the trial judge gave no reasons, oral or written, for departure from the guidelines.
We find no merit in appellant’s attack on his adjudication for racketeering and, therefore, affirm his conviction for that offense.
Accordingly, we affirm appellant’s sentences to life imprisonment for each of the murder and kidnaping offenses. Further, we affirm his conviction for racketeering, but vacate the sentence imposed on that conviction and remand the same for resentencing. On remand appellant should be sentenced for racketeering under the guidelines in effect at the time he was originally sentenced.
However, in resentencing for the racketeering offense, the trial court cannot exceed appellant’s total recommended sentence of life imprisonment unless it desires to deviate from the recommended range and states reasons for doing so. Fla.R.Crim.P. 3.701(d)(11) and (12); Vileta v. State, 454 So. 2d 792 (Fla. 2d DCA 1984); see Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984). If the trial court does impose a sentence which, when coupled with the six sentences we affirm today, results in a total sentence outside the recommended guidelines, either party may appeal after resentencing. § 924.-06(l)(e) and § 924.07(9), Fla.Stat. (1983); Vileta v. State.
AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.
GRIMES, A.C.J., and SCHEB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Denver Hutchinson v. State, 467 So. 2d 788 (Fla. 2d DCA 1985)…e recommended range under the guidelines in effect at the time he was sentenced. Since the trial court did not provide a written reason for departure from the guidelines, we reverse appellant’s sentences and remand for resentencing. Hodges v. State, 460 So. 2d 555 (Fla. 2d DCA 1984). At that time the court may impose sentences within the guideline range, or it may deviate from the recommended range upon stating a valid reason for doing so. Hodges. At resentencing, the court must give appellant credit for…
Authorities Cited
- In re Rules of Criminal Procedure (sentencing Guidelines), 439 So. 2d 848 (Fla. 1983)
- Glynn Addison, Jr. v. State, 452 So. 2d 955 (Fla. 2d DCA 1984)
- Roux v. State, 455 So. 2d 495 (Fla. 1st DCA 1984)
- Vileta v. State, 454 So. 2d 792 (Fla. 2d DCA 1984)
- Walker v. State, 458 So. 2d 396 (Fla. 1st DCA 1984)