WILLIAM MORRIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DANIEL, Judge.
William Morris appeals his judgment and sentence for burglary of a dwelling, a second degree felony punishable by up to 15 years imprisonment.1 The defendant’s recommended guidelines sentence was 12 to 30 months incarceration. Morris received a sentence of fifteen years, but after serving 2lh years in the Department of Corrections, the balance of his sentence was suspended and he was placed on probation for a period of 8 years.
On appeal, the defendant argues that the sentence constitutes a departure sentence which is improper because there were no written reasons for departure. This argument has been rejected by this court. See Johnson v. State, 529 So. 2d 1250 (Fla. 5th DCA 1988); McKee v. State, 528 So. 2d 417 (Fla. 5th DCA 1988). See also Poore v. State 531 So. 2d 161 (Fla.1988).
AFFIRMED.
SHARP, C.J., and COWART, J., concur. . §§ 810.02(1) and (3); 775.082(3)(c), Fla. Stat.(1987).
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Holloway v. State, 668 So. 2d 627 (Fla. 5th DCA 1996)…As pointed out in Robbins v. State, 641 So. 2d 934 (Fla. 2d DCA 1994), only the incarcera-tive portion of a split sentence must fall within the sentencing guideline range. See also Brown v. State, 647 So. 2d 197 (Fla. 1st DCA 1994); Morris v. State, 532 So. 2d 1116 (Fla. 5th DCA 1988). The defendant also argues that the sentences imposed on his convictions for armed burglary and armed robbery are illegal because they exceed the statutory maximum for first-degree felonies punishable by life imprisonment. In as…
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Dyer v. State, 534 So. 2d 843 (Fla. 5th DCA 1988)…REMANDED for RESENTENCING. COBB and COWART, JJ., concur. . We note that the sentences in the record with respect to the burglary of a dwelling count and the escape count were transposed from the trial court’s oral pronouncements. Siroky v. State, 532 So. 2d 1116 (Fla. 5th DCA 1988) (sentence remanded for correction so as to conform to oral pronouncement). Burglary of a dwelling is a second degree felony whereas section 39.112, Fla.Stat. lists escape from a juvenile facility as a third degree felony. . Comm…
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Lawrence v. State, 682 So. 2d 582 (Fla. 5th DCA 1996)…split sentence because at the original sentencing proceeding the probationary portion of a defendant’s sentence is not included in determining whether a sentence exceeds the guidelines. See Comments to Fla. R.Crim. P. 3.701(d)(12); Morris v. State, 532 So. 2d 1116 (Fla. 5th DCA 1988); see generally Tyner v. State, 545 So. 2d 961 (Fla. 2d DCA 1989). Upon being sentenced for a violation of probation, however, all of the defendant’s probationary sentence can be converted into jail time, with the potential for su…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Poore v. State, 531 So. 2d 161 (Fla. 1988)
- McKEE v. State, 528 So. 2d 417 (Fla. 5th DCA 1988)
- Johnson v. State, 529 So. 2d 1250 (Fla. 5th DCA 1988)