VERNON H. GOFF, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the sentencing judge erred by imposing a sentence exceeding the statutory minimum mandatory sentence without providing written reasons for departure.
The defendant was convicted of conspiracy to traffic cannabis and sentenced to twenty-five years, exceeding the recommended guidelines sentence and th…
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THREADGILL, Judge.
Vernon H. Goff was charged with conspiracy to traffic in 10,000 pounds or more of cannabis, a first degree felony. He was found guilty as charged by a jury and sentenced to pay a $200,000 fine and serve twenty-five years in prison, plus sixty hours of incarceration as a substitute for court costs. A guidelines scoresheet was prepared showing a recommended sentence of four and one-half to five and one-half years in prison. The sentencing judge did not give any written reasons for exceeding the guidelines.
Goff correctly points out that the appropriate guidelines sentence is the statutory fifteen-year minimum mandatory prison sentence as provided in section 893.135, Florida Statutes (1985). Florida Rule of Criminal Procedure 3.701(d)(9) provides “[i]f the recommended sentence is less than the mandatory penalty, the mandatory sentence takes precedence.” Therefore, the court erred in imposing the twenty-five year sentence without written reasons for departure. Fla.R.Crim.P. 3.701(d)(ll); State v. Whitfield, 487 So. 2d 1045 (Fla. 1986). We vacate the prison sentence and remand with directions to impose the minimum mandatory sentence of fifteen years. It is not necessary for the defendant to be present for resentencing.
We have carefully considered Goff’s remaining points on appeal and find that they are without merit. We therefore affirm his conviction but remand for resentencing.
Affirmed in part, remanded in part.
HALL, A.C.J., and UPCHURCH, Jr., FRANK D., Associate Judge, concur.
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Citator
Cited By
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Goff v. State, 537 So. 2d 1128 (Fla. 2d DCA 1989)…PER CURIAM. In Goff v. State, 512 So. 2d 1095 (Fla. 2d DCA 1987) we affirmed the conviction of Goff for conspiracy to traffic in 10,000 pounds or more of cannabis, but vacated the sentence of twenty-five years incarceration imposed by the trial court. The crime as charged requires a fifteen-yea…
Authorities Cited
- State v. Whitfield, 487 So. 2d 1045 (Fla. 1986)