JOHNNY LEE KEYS, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed Keys' convictions for sexual battery, robbery, and aggravated battery, finding clear and convincing reasons for departure from sentencing guidelines, but struck the trial judge's retention of jurisdiction over the sentences.
A trial judge may depart from sentencing guidelines based on probation violation, escalating violent criminal conduct, and offense circumstances, but may not retain jurisdiction over sentences.
[1] A trial judge may depart from sentencing guidelines when probation violation, escalating violent criminal conduct, and offense circumstances provide clear and convincing…
[2] A trial judge lacks authority to retain jurisdiction over sentences imposed under the sentencing guidelines.
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Join FLexlaw to unlock all legal intelligenceKeys was convicted of sexual battery, robbery, and aggravated battery. He had violated probation and demonstrated an escalating pattern of violent cri…
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PRANK D. UPCHURCH, JR., Judge.
Keys appeals his convictions and sentences for sexual battery, robbery, and aggravated battery.
We find that the reasons set out by the trial judge — Keys’ violation of probation, his escalating course of violent criminal conduct indicating that he is unsuitable for probation or community control and the facts and circumstances relating to the present offenses — provide clear and convincing reasons supporting departure from the guidelines. See, e.g., Deer v. State, 462 So. 2d 96 (Fla. 5th DCA 1985), review granted, Supreme Court No. 66,532; Murphy v. State, 459 So. 2d 337 (Fla. 5th DCA 1984); Hankey v. State, 458 So. 2d 1143 (Fla. 5th DCA 1984), review granted, Supreme Court No. 66,320; Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984), review granted, Supreme Court No. 66,091; Hendrix v. State, 455 So. 2d 449 (Fla. 5th DCA 1984), review granted, 475 So. 2d 1218, Supreme Court No. 65,928. Any reference by the trial judge to impermissible reasons for departure from the guidelines does not vitiate these valid reasons. Ragan v. State, 468 So. 2d 322 (Fla. 2d DCA 1985); Albritton v. State, 458 So. 2d 320 (Fla. 5th DCA 1984), review granted, Supreme Court No. 66,169.
However, we do agree with Keys’ contention that the trial judge erred in retaining jurisdiction over his sentences. See Ragan v. State; Emory v. State, 463 So. 2d 1242 (Fla. 2d DCA 1985).
Accordingly, we strike the retention of jurisdiction provisions of the sentences, but affirm the judgments and sentences in all other respects.
COBB, C.J., and ORFINGER, J., concur.
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Keys v. State, 500 So. 2d 134 (Fla. 1986)…EHRLICH, Justice. We have for review Keys v. State, 473 So. 2d 800 (Fla. 5th DCA 1985) which directly and expressly conflicts with this Court’s decision in Albritton v. State, 476 So. 2d 158 (Fla.1985). We have jurisdiction, article V, section 3(b)(3), Florida Constitution, and quash the decision below. The petiti…
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Alphonse Kelly v. State, 552 So. 2d 1140 (Fla. 5th DCA 1989)…der of the victim in that the defendant shot the victim, his former girlfriend’s mother, in the stomach with a .357 magnum revolver while in her home and for no apparent reason. See Keeley v. State, 460 So. 2d 552 (Fla. 5th DCA 1984); Keys v. State, 473 So. 2d 800 (Fla. 5th DCA 1985); May v. State, 475 So. 2d 1004 (Fla. 5th DCA 1985); Johnson v. State, 477 So. 2d 56 [*1145] (Fla. 5th DCA 1985); and Smith v. State, No. 85-845 [480 So. 2d 663] (Fla. 5th DCA Nov. 29, 1985) [10 F.L.W. 2634]. 3. The instant offen…
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Moore v. State, 483 So. 2d 37 (Fla. 1st DCA 1986)…the two invalid reasons have been repeatedly held invalid. However, the six valid reasons have been repeatedly held valid. See Johnson v. State, 462 So. 2d 49 (Fla. 1st DCA 1984); Williams v. State, 471 So. 2d 630 (Fla. 1st DCA 1985); Keys v. State, 473 So. 2d 800 (Fla. 5th DCA 1985); and Mincey v. State, 460 So. 2d 396 (Fla. 1st DCA 1984). Any one of the valid reasons supports the departure sentence. Not only is there no [*39] reasonable doubt, there is absolutely no doubt that the two invalid reasons would…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hendrix v. State, 475 So. 2d 1218 (Fla. 1985)
- Hendrix v. State, 455 So. 2d 449 (Fla. 5th DCA 1984)
- Burke v. State, 456 So. 2d 1245 (Fla. 5th DCA 1984)
- Albritton v. State, 458 So. 2d 320 (Fla. 5th DCA 1984)
- Murphy v. State, 459 So. 2d 337 (Fla. 5th DCA 1984)
- Hankey v. State, 458 So. 2d 1143 (Fla. 5th DCA 1984)
- Deer v. State, 462 So. 2d 96 (Fla. 5th DCA 1985)
- Emory v. State, 463 So. 2d 1242 (Fla. 2d DCA 1985)
- Willie v. State, 468 So. 2d 322 (Fla. 4th DCA 1985)
- Ragan v. State, 468 So. 2d 322 (Fla. 2d DCA 1985)