THOMAS RAY SPARKMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court reversed the defendant's consecutive 12-year sentences for kidnapping and escape because the trial court erroneously believed the escape sentence was mandatory consecutive to the kidnapping sentence, and failed to provide written reasons for departing from guideline sentences.
A trial court may impose an escape sentence either consecutively or concurrently to a kidnapping sentence, and must provide written reasons when the total sentence exceeds guideline ranges.
[1] A trial court has discretion to impose an escape sentence either consecutively or concurrently to a kidnapping sentence, notwithstanding the statutory requirement that es…
[2] A trial court must provide written reasons when imposing a total sentence that exceeds the applicable guideline sentence range.
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Although section 944.40, Florida Statutes, mandates that any punishment of imprisonment imposed for escape run consecutive to a former sentence, it was within the court's discretion to impose the escape sentence either consecutively or concurrently to the kidnapping sentence.”
Explaining the trial court's error regarding consecutive sentencing requirements for escape convictions.
While incarcerated in Bay County Jail on a grand theft charge, Sparkman and a codefendant grabbed a correctional officer, locked him in a cell, and es…
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SHIVERS, Judge.
While incarcerated in the Bay County Jail on a charge of grand theft, appellant and a codefendant grabbed a correctional officer, locked him in a cell, and escaped. Appellant was subsequently charged with kidnapping and escape, to which he entered pleas of nolo contendere. On April 18, 1985, he was sentenced to consecutive 12-year terms of imprisonment on each count. The presumptive guideline sentence was 9-12 years.
We find two bases for reversal. First, it appears from the record that the trial court was under the impression that appellant's escape sentence was required to be consecutive to both his former sentence for grand theft and the kidnapping sentence. Although section 944.40, Florida Statutes, mandates that any punishment of imprisonment imposed for escape run consecutive to a former sentence, it was within the court’s discretion to impose the escape sentence either consecutively or concurrently to the kidnapping sentence. Jordan v. State, 505 So. 2d 2 (Fla. 1st DCA, 1986). Second, although the total sentence imposed in this case for both offenses exceeded the total guideline sentence of 12 years, no written reasons for departure were given, as required by Rule 3.701(d)(12), Fla.R.Crim.P. Therefore, we reverse the sentence and remand for resentencing in accordance with this opinion.
REVERSED and REMANDED.
THOMPSON and NIMMONS, JJ., concur.
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Citator
Cited By
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Finklea v. State, 514 So. 2d 1126 (Fla. 1st DCA 1987)…onsecutive sentences so that appellant would serve a total of 24 years. We find that the trial court erred in imposing consecutive sentences when it re-sentenced appellant. See Stokes v. State, 512 So. 2d 290 (Fla. 1st DCA 1987); Sparkman v. State, 507 So. 2d 1188 (Fla. 1st DCA 1987); Foster v. State, 491 So. 2d 328 (Fla. 1st DCA 1986); Bruton v. State, 489 So. 2d 1195 (Fla. 1st DCA 1986), appeal after remand, 510 So. 2d 1243, (Fla. 1st DCA 1987); and Hagins v. State, 509 So. 2d 1244 (Fla. 2d DCA 1987). Once…
Authorities Cited
- In re MacINTYRE, 505 So. 2d 2 (Fla. 1st DCA 1986)