CARL EUGENE WELCH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The Florida Supreme Court reviewed a split sentence imposed after probation revocation, determining it exceeded the permissible one-cell increase under sentencing guidelines without written reasons. The Court quashed the lower appellate court's decision, directing resentencing.
Yes, a sentence exceeding the one-cell increase allowed by rule without written reasons is a departure sentence requiring written reasons. The Second District Court of Appeal erred in affirming the sentence without written reasons.
“In accordance with Florida Rule of Criminal Procedure 3.701(d)(14), the trial court is authorized to increase a guidelines sentence imposed after revocation of probation or community control one cell without written reasons for departure.”
Establishes the rule regarding sentence increases after probation revocation.
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Join FLexlaw to unlock all legal intelligencePetitioner Carl Eugene Welch received a split sentence of thirty months incarceration followed by two years of community control after his probation w…
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OVERTON, Justice.
We have for review Welch v. State, 519 So. 2d 1090 (Fla. 2d DCA 1988), in which the Second District affirmed a split sentence of thirty months’ incarceration followed by a two-year term of community control. Welch’s guidelines seoresheet placed him in the category of any nonstate prison sanction. In accordance with Florida Rule of Criminal Procedure 3.701(d)(14), the trial court is authorized to increase a guidelines sentence imposed after revocation of probation or community control one cell without written reasons for departure. The trial court in this instance sentenced Welch to thirty months’ incarceration and a two-year term of community control, exceeding the one cell departure which allowed an increased sentence to community control or twelve to thirty months’ incarceration. The district court affirmed, in accordance with its decision in Francis v. State, 487 So. 2d 348 (Fla. 2d DCA), review denied, 492 So. 2d 1332 (Fla.1986), and held that this was not a departure sentence requiring written reasons. It certified direct conflict with Sanders v. State, 516 So. 2d 38 (Fla. 1st DCA 1987), review dismissed, 520 So. 2d 586 (Fla.1988), and Johnson v. State, 511 So. 2d 748 (Fla. 5th DCA 1987), approved, 522 So. 2d 831 (Fla.1988). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. As the state properly recognized in its brief, we resolved the conflict in this case in our recent decision in State v. Vankooten, 522 So. 2d 830 (Fla.1988).
Consistent with our Vankooten decision, we quash the Second District’s decision in the instant case and disapprove its decision in Francis. Accord State v. Johnson, 522 So. 2d 831 (Fla.1988). The district court is directed to remand this cause to the trial court for resentencing in accordance with our decision in Vankooten.
It is so ordered.
EHRLICH, C.J., and McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.
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Citator
Cited By
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Swain v. State, 553 So. 2d 1331 (Fla. 1st DCA 1989)…y control is something of a hybrid concept, in that it is less restrictive than prison, but is considered more severe and harsh than ordinary probation. See State v. Mestas, 507 So. 2d 587, 588 (Fla.1987), quashed on other grounds in Welch v. State, 536 So. 2d 225 (Fla.1988); Stranigan v. State, 457 So. 2d 546 (Fla. 2d DCA 1984). In Tal-Mason v. State, 515 So. 2d 738 (Fla.1987), in its consideration of the degrees of coerciveness exerted by different forms of supervision and detention, the court found that i…
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Avery B. Belcher v. State, 559 So. 2d 448 (Fla. 5th DCA 1990)…Belch-er appeals claiming his sentence is an improper departure from the guideline recommended range of community control or 12-30 months. We agree and reverse for re-sentencing. See State v. Van Kooten, 522 So. 2d 830 (Fla.1988) and Welch v. State, 536 So. 2d 225 (Fla.1988). REVERSED for resentencing. GOSHORN and PETERSON, JJ., concur. . § 843.15(l)(b), Fla.Stat. (1987).…
Authorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)
- Francis v. State, 487 So. 2d 348 (Fla. 2d DCA 1986)
- Taylor v. State, 511 So. 2d 748 (Fla. 5th DCA 1987)
- Sanders v. State, 516 So. 2d 38 (Fla. 1st DCA 1987)
- Welch v. State, 519 So. 2d 1090 (Fla. 2d DCA 1988)
- State v. Johnson, 522 So. 2d 831 (Fla. 1988)