LEWIS HICKS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellate court vacated and remanded sentences imposed after probation revocation because they exceeded the guidelines range even with a one-cell upward departure allowed for violation of probation.
Sentences imposed after probation revocation that exceed the guidelines range by more than one cell upward constitute an improper departure requiring vacation and resentencing.
[1] Sentences imposed after probation revocation must comply with sentencing guidelines and may be increased only one cell upward without requiring stated reasons for departu…
Previewing 1 of 1 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“Sentences imposed after revocation of probation or community control may be included within the original cell (guidelines range) or may be increased the next higher cell (guidelines range) without requiring a reason for departure.”
Florida Rule of Criminal Procedure 3.701(d)(14) establishing the permissible scope of sentencing adjustments after probation revocation.
Defendant was convicted of a new substantive offense while on probation for earlier offenses of aggravated battery and possession of a firearm by a co…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentencing Appeal cases and more on FLexlaw
ORFINGER, Judge.
After the defendant was convicted of a new substantive offense committed while on probation for earlier offenses, his recommended guidelines sentence was 3½ to 4V2 years’ incarceration. The trial court imposed a sentence of 4¾⅛ years on the new offense, but ordered appellant to he incarcerated for 5 years and 13 months on each of the prior offenses of aggravated battery and possession of a firearm by a convicted felon, concurrent. Defendant is correct that those latter sentences are departures, with no reasons advanced. The trial court could have bumped the sentences one cell upward for violation of probation,1 but the recommended sentence would then be 4V2 — 5V2 years. The sentences totalling six years and one month exceeded that maximum and constituted an improper departure. We vacate the sentences imposed after revocation of probation (CR 86-3502 and CR 86-4265) and remand the cause for resentencing as to those crimes.
Sentence VACATED; REMANDED.
SHARP, C.J., and DAUKSCH, J., concur. . Florida Rule of Criminal Procedure 3.701(d)14 provides:
Sentences imposed after revocation of probation or community control must be in accordance with the guidelines. The sentence imposed after revocation of probation or community control may be included within the original cell (guidelines range) or may be increased the next higher cell (guidelines range) without requiring a reason for departure.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Williams v. State, 636 So. 2d 561 (Fla. 5th DCA 1994)…ed range. See Florida Rules of Criminal Procedure Re: Sentencing Guidelines (Rules 3.701 and 3.988), 522 So. 2d 374 (Fla.1988). The trial court erred by finding that it could employ the permitted range to impose defendant’s sentence. Hicks v. State, 543 So. 2d 1312 (Fla. 5th DCA 1989). Nevertheless, the state argues that the court validly departed from the guidelines. The state cites Hicks as authority for allowing a departure from the recommended guidelines if the court supports the departure with written re…