LEROY KAYMORE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Kaymore seeks reversal of his sentence which was a departure under the guidelines, thereby removing the sentence from parole consideration. The substantive offense occurred prior to the effective date of the guidelines and Kaymore did not affirmatively ask to be sentenced under the guidelines. Under these circumstances, we normally would reverse and remand for resentencing. Irving v. State, 464 So. 2d 672 (Fla. 5th DCA 1985); Favors v. State, 473 So. 2d 815 (Fla. 2d DCA 1985). In this case, however, the record reveals that the trial court obviously would have imposed the maximum statutory penalty in any event, and no purpose would be served by resentencing. See Davis v. State, 478 So. 2d 1154 (Fla. 1st DCA 1985); Tillman v. State, 466 So. 2d 20 (Fla. 2d DCA 1985). Accordingly, we affirm the sentence but remand with directions to correct the record to reflect that appellant was not sentenced under the guidelines.
AFFIRMED and REMANDED for correction of the record.
COBB, C.J., and ORFINGER and SHARP, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hale v. State, 486 So. 2d 93 (Fla. 5th DCA 1986)…dered after the sentence in this case. Under these circumstances, it is not clear to me that the trial judge would have imposed the maximum statutory sentence in a non-guidelines case. This case can therefore be distinguished from Kaymore v. State, 482 So. 2d 581 (Fla. 5th DCA 1985). I think this case should be remanded for resentencing. Irving v. State, 464 So. 2d 672 (Fla. 5th DCA 1985); Hart v. State, 464 So. 2d 592 (Fla. 2d DCA 1985). . See Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Burke v. State, 4…
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Davis v. State, 487 So. 2d 1104 (Fla. 5th DCA 1986)…ines applicable in such a case. Ames v. State, 470 So. 2d 94 (Fla. 5th DCA 1985). Further, we cannot say that the trial court obviously would have imposed the maximum statutory penalty (as he did in this case) in any event. Compare Kaymore v. State, 482 So. 2d 581 (Fla. 5th DCA 1986). With regard to the second sentence, the trial judge imposed a twenty-five year term, which was a “departure” 1 upwards by two brackets. In explaining the departure sentence, the judge gave the following reasons:2 1. Defendant…1 / 2
Authorities Cited
- Irving v. State, 464 So. 2d 672 (Fla. 5th DCA 1985)
- Lowery v. State, 473 So. 2d 815 (Fla. 2d DCA 1985)
- Gibson Hauling, Inc. v. Armbrister, 466 So. 2d 20 (Fla. 2d DCA 1985)
- Tillman v. State, 466 So. 2d 20 (Fla. 2d DCA 1985)
- Davis v. State, 478 So. 2d 1154 (Fla. 1st DCA 1985)