ROBERT GABRIEL BELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the sentence imposed was not an illegal split sentence because the incarcerative portion did not exceed the guideline maximum and the total sanction did not exceed the statutory term.
The defendant was charged with burglary and grand theft, and a guideline scoresheet calculated a presumptive range of community control or twelve to t…
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SHARP, Judge.
Bell files this timely appeal challenging the trial court’s sentence under the sentencing guidelines, Fla.R.Crim.P. 3.701, as an illegal “split” sentence. Fla.R.Crim.P. 3.701(d)(12). In this case the trial court did not purport to “depart” from the sentence range established by the guidelines. Based on O’Brien v. State, 478 So. 2d 497 (Fla. 5th DCA 1985), we affirm.
The defendant was charged in two separate informations, each containing one count of burglary1 and one count of grand theft.2 A guideline scoresheet was prepared pursuant to Florida Rule of Criminal Procedure 3.701(d)(3)(a), and a presumptive guideline range of community control or twelve to thirty months incarceration was calculated. The trial court sentenced the defendant to concurrent terms of thirty months on the burglary counts and five years probation on the grand theft counts to be served consecutive to the jail term.
The Committee Note to the amended Rule 3.701(d)(12)3 provides that if split sentences are imposed, the incarcerative portion “shall not be less than the minimum of the guideline range nor exceed the maximum of the range. The total sanction (incarceration and probation) shall not exceed the term provided by general law.” In this case, the state prison time does not exceed the maximum of the guideline sentence range, and the total time for incarceration and probation does not exceed the term provided by general law.
AFFIRMED.
COBB, C.J., and UPCHURCH, J., concur. . § 810.02(1), Fla.Stat. (1983).
. § 812.014(2), Fla.Stat. (1983).
. The Florida Bar: Amendment to Rules of Criminal Procedure (3.701, 3.988 — Sentencing Guidelines), 451 So. 2d 824 (Fla.1984).
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Cain v. State, 506 So. 2d 1125 (Fla. 1st DCA 1987)…eparture sentence. See Committee Note to Florida Rule of Criminal Procedure 3.701(d)(12); Boylan v. State, 489 So. 2d 110 (Fla. 4th DCA 1986); Francis v. State, 487 So. 2d 348 (Fla. 2d DCA 1986), rev. den. 492 So. 2d 1332 (Fla. 1986); Bell v. State, 479 So. 2d 309 (Fla. 5th DCA 1985). AFFIRMED. ERVIN and WIGGINTON, JJ., concur.…
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Weiner v. State, 562 So. 2d 392 (Fla. 5th DCA 1990)…he period of probation, when combined with the period of incarceration, is limited only by the statutory maximum for the crime. Loomis v. State, 531 So. 2d 423 (Fla. 5th DCA 1988); O’Brien v. State, 478 So. 2d 497 (Fla. 5th DCA 1985); Bell v. State, 479 So. 2d 309 (Fla. 5th DCA 1985). The statutory maximum for a second-degree felony is 15 years. § 775.082(3)(c), Fla.Stat. (1987). Since Weiner chose to commit two second-degree felonies, the statutory maximum is 30 years because the court has discretion to impo…
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McDOWELL v. State, 491 So. 2d 594 (Fla. 5th DCA 1986)…one-half year term of imprisonment and fifteen years of probation does not qualify as a departure sentence under Florida Rule of Criminal Procedure 3.701(d)(12) since the “split sentence” did not exceed that authorized by general law. Bell v. State, 479 So. 2d 309 (Fla. 5th DCA 1985); O’Brien v. State, 478 So. 2d 497 (Fla. 5th DCA 1985); Joyce v. State, 466 So. 2d 433 (Fla. 5th DCA 1985). Florida Rule of Criminal Procedure 3.701(d)(12) provides that “[t]he total sentence cannot exceed the total guideline sent…
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- THE Fla. BAR: Amendment to Rules of Crim. Procedure (3.701, 451 So. 2d 824 (Fla. 1984)
- O'Brien v. State, 478 So. 2d 497 (Fla. 5th DCA 1985)