WILLIE DAUGHTRY, III, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that consecutive life terms require written reasons for departure from guidelines, and the trial court erred by failing to provide them.
The appellant was convicted of kidnapping and two counts of sexual battery and sentenced to consecutive life terms. The trial court did not provide wr…
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PER CURIAM.
The appellant, Willie Daughtry, III, challenges the judgment and sentences for kidnapping and two counts of sexual battery. We affirm Daughtry’s convictions, finding no merit to the first two points raised by Daughtry, but remand the case to the trial court for resentencing.
Daughtry was adjudicated guilty of kidnapping and two counts of sexual battery by the use of force likely to cause serious personal injury; all three offenses arose from the same criminal incident. The trial court sentenced Daughtry to three life terms; the sentence for kidnapping was to run concurrent with the prison term set for the first count of sexual battery. Both these sentences were imposed consecutively with the life term for the second sexual battery count. Daughtry’s scoresheet indicated a guidelines sentence of life.
In Rease v. State, 493 So. 2d 454 (Fla.1986), decided after the trial court’s imposition of sentence in this case, our supreme court held that sentencing a defendant to consecutive life terms constituted a departure from a recommended sentence of life under the guidelines, thereby requiring the written statement of reasons. See also Speights v. State, 495 So. 2d 882 (Fla. 2d DCA 1986), review denied, 501 So. 2d 1283 (Fla.1986). The trial court here committed error in failing to provide any written reasons for exceeding the recommended sentence as required by Rease.
Accordingly, we remand the matter to the trial court for resentencing within the recommended guidelines or for the statement of proper written reasons, if any, for departing from the presumptive life sentence. We distinguish this case from Shull v. Dugger, 515 So. 2d 748 (Fla.1987), requiring resentencing within guidelines after the trial court’s stated reasons for departure have been held invalid on appeal, since here the trial court offered no reasons for departure.
DANAHY, C.J., and LEHAN, J., and BOARDMAN, EDWARD F., (Ret.) J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Waldron v. State, 529 So. 2d 772 (Fla. 2d DCA 1988)…rsing in part the action of the trial judge. That opinion is identified as Waldron v. State, No. 87-443 (Fla. 2d DCA May 6, 1988) [13 F.L.W. 1087]. However, on motion for rehearing, the state reminded us of our decision reached in Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988) and the teachings of Shull v. Dugger, 515 So. 2d 748 (Fla.1987). We grant the motion for rehearing and withdraw the opinion of Waldron v. State, No. 87-443 (Fla. 2d DCA May 6, 1988) [13 F.L.W. 1087] and substitute therefor this o…1 / 2
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State v. Wayda, 533 So. 2d 939 (Fla. 3d DCA 1988)…es, a reversal and remand to afford an opportunity to the trial court to enter a written sentencing order supporting the departure, rather than, as the State urges, a reversal and remand for resentencing within the guidelines. See Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988) (under Shull v. Dugger, 515 So. 2d 748 (Fla.1987), resentencing within guidelines required only when trial court’s stated reasons for departure are held invalid, not when trial court has offered no reasons). Reversed and remande…
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State v. Adams, 528 So. 2d 548 (Fla. 3d DCA 1988)…he sentence and remand with directions to the trial court to provide written reasons supporting the departure sentence. See State v. Frederick, 525 So. 2d 491 (Fla. 3d DCA 1988); State v. Wilson, 523 So. 2d 178 (Fla. 3d DCA 1988); Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988). Sentence vacated and cause remanded for resentencing.…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- Rease v. State, 493 So. 2d 454 (Fla. 1986)
- Speights v. State, 495 So. 2d 882 (Fla. 2d DCA 1986)