JOHN HEATHCOAT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Sheffield v. State, 468 So. 2d 441 (Fla. 2d DCA 1985)
  …entences which were imposed on September 20, 1984, were not under the sentencing guidelines because his crimes were committed prior to October 1, 1983, and he did not affirmatively select to be sentenced under the guidelines. See Heathcoat v. State, 463 So. 2d 449 (Fla. 2d DCA 1985); Rodriguez v. State, 458 So. 2d 899 (Fla. 2d DCA 1984). Affirmed. GRIMES, A.C.J., and SCHEB and FRANK, JJ., concur.…
• Neal v. State, 468 So. 2d 436 (Fla. 2d DCA 1985)
  …ntion. His sentence, which was imposed on June 8, 1984, was not under the sentencing guidelines, because he committed the burglary before October 1, 1983, and did not affirmatively select to be sentenced under the guidelines. See Heathcoat v. State, 463 So. 2d 449 (Fla. 2d DCA 1985); Rodriguez v. State, 458 So. 2d 899 (Fla. 2d DCA 1984). Further, defendant’s thirty-month sentence for burglary of a structure, a third-degree felony, was within the statutory maximum sentence of five years. See § 775.082(3)(d), F…
• Edwards v. State, 469 So. 2d 200 (Fla. 2d DCA 1985)
  …the defendant pursuant to the pertinent statute, the required written order expressing the trial court’s reasons for departure from the guidelines is a convincing indicator of that which was intended and that which did occur. Cf. Heathcoat v. State, 463 So. 2d 449 (Fla. 2d DCA 1985). In sum, we conclude that the record leaves no doubt that the trial court considered and thereafter departed from the sentencing guidelines without the defendant’s affirmative selection that they be applied to her. Unlike Tillma…