JESSE JAMES TISDALE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Defendant's 30-month incarceration plus 5-year probation sentence for burglary exceeded the sentencing guidelines in effect at the time of the crime and could not be imposed under the prior rule, so the sentence was vacated and remanded.
A split sentence combining state prison and probation supervision cannot exceed the maximum guideline range when the crime was committed, and an amended rule permitting such sentences cannot be applied retroactively.
[1] Sentencing guidelines amendments that expand permissible sanctions cannot be applied retroactively to crimes committed before the amendment's effective date.
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Join FLexlaw to unlock all legal intelligenceDefendant was convicted of burglary of a dwelling committed on June 6, 1984, and received a recommended guidelines sentence of community control or 12…
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ORFINGER, Judge.
Defendant’s conviction for burglary of a dwelling committed on June 6, 1984, resulted in a recommended guidelines sentence of community control or 12 to 30 months’ incarceration. Defendant appeals the sentence of 30 months’ incarceration followed by five years’ probation, contending that the sentence exceeds that permitted by the guidelines in effect when the crime was committed. We agree.
. When the crime was committed, the sentencing guidelines proscribed the imposition of a split sentence (a combination of state prison and probation supervision) beyond the maximum guideline range. Committee note to Florida Rule of Criminal Procedure 3.701(d)(12). On July 1,1984, an amendment to the rule took effect which permits the imposition of a total sanction not exceeding the term provided by law. Although the amended rule was in effect at time of sentencing, it cannot be applied retroactively. Hurst v. State, 474 So. 2d 280 (Fla. 5th DCA 1985); Joyce v. State, 466 So. 2d 433 (Fla. 5th DCA 1985). This was not a departure sentence, so we must vacate the sentence and remand to the trial court with directions to strike the term of probation unless a valid reason for departure is stated.
Sentence VACATED and REMANDED.
COBB, C.J., and COWART, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Patterson v. State, 486 So. 2d 74 (Fla. 4th DCA 1986)…d the imposition of a split sentence (a combination of state prison and probation supervision) the total sanction of which exceeded the maximum guideline range. See Committee Note to Florida Rule of Criminal Procedure 3.701(d)(12); Tisdale v. State, 475 So. 2d 1331 (Fla. 5th DCA), review granted, No. 67,787 (Fla. Feb. 6,1986); Hurst v. State, 474 So. 2d 280 (Fla. 5th DCA 1985). Here, the total sanction of ten years (seven years of prison followed by three years of probation) exceeded the seven-year maximum rec…
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State v. Tisdale, 492 So. 2d 1071 (Fla. 1986)…ADKINS, Justice. In Tisdale v. State, 475 So. 2d 1331 (Fla. 5th DCA 1985), the court vacated Tisdale’s sentence, finding error in the trial court’s application of the guidelines in effect at the time of sentencing rather than at the time of the crime’s commission. We have jurisdiction based on conflict…
Authorities Cited
- Joyce v. State, 466 So. 2d 433 (Fla. 5th DCA 1985)
- Hurst v. State, 474 So. 2d 280 (Fla. 5th DCA 1985)