RICHARD LEVERETTE CREWS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
RICHARD LEVERETTE CREWS, APPELLANT,
STATE OF FLORIDA, APPELLEE
502 So. 2d 1360
Florida District Court of Appeal, Fifth District (1987)
Negative Treatment
Cited by 13 cases
Opinion of the Court
DAUKSCH, Judge.
This is an appeal from a sentence which is excessive because it departs from the recommended guidelines sentence and no proper reasons for departure were given. Because appellant has served the prison-time portion of the sentence, which was the excessive part, this appeal is essentially moot. However, it should be shown on appellant's record and the trial judge should be advised that the sentence was erroneous, as mentioned.
PORTION OF SENTENCE VACATED.
ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
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Goene v. State, 577 So. 2d 1306 (Fla. 1991)…PER CURIAM. We have for review Goene v. State, 552 So. 2d 337, 338 (Fla. 4th DCA 1989), in which the district court certified the following question as one of great public importance: Are the holdings in Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA), rev. denied, 511 So. 2d 299 (Fla.1987); Katz v. State, 335 So. 2d 608 (Fla. 2d DCA 1976); and Doe v. State, 492 So. 2d 842 (Fla. 1st DCA 1986), valid, in light of the enactment of the sentencing guidelines, for the reason that a comp…1 / 2
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Hall v. State, 511 So. 2d 1038 (Fla. 1st DCA 1987)…guidelines’ recommended range which is not supported by valid written reasons for departure is essentially an illegal sentence. See, e.g., Williams v. State, 500 So. 2d 501 (Fla.1986); State v. Whitfield, 487 So. 2d 1045 (Fla.1986); Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA 1987); McCullum v. State, 498 So. 2d 1374 (Fla. 3rd DCA 1986). . See note 4, supra. . The supreme court opinion in Williams v. State, 492 So. 2d 1308 (Fla.1986) indicates that when each reason for departure is found invalid by the ap…
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Graham v. State, 559 So. 2d 343 (Fla. 4th DCA 1990)….1986). However, an objection was interposed sub judice and we find it to be [*344] error to consider a whole new scoresheet bearing little resemblance to the original, as distinct from correcting an error made on that original. See Senior v. State, 502 So. 2d 1360 (Fla. 5th DCA 1987), rev. denied, 511 So. 2d 299 (Fla.1987). There was simply no miscalculation on the original scoresheet as submitted to the trial judge, and it is too late to correct other errors now. REVERSED AND REMANDED. DOWNEY and LETTS,…
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