GREGORY MICHAEL EVANS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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[*1161] DAUKSCH, Judge.
This is an appeal from a sentence.
Appellant asserts he is entitled to be sentenced to prison rather than probation if he so requests and the sentence is a one-cell departure as if he had violated probation. He cites Williams v. State, 522 So. 2d 1022 (Fla. 5th DCA 1988) and Holley v. State, 483 So. 2d 854 (Fla. 5th DCA 1986) in support of his assertion. We do not read those cases to say a defendant is so entitled and have said so in Woods v. State, 542 So. 2d 443 (Fla. 5th DCA 1989). Although the state “has no quarrel with this court granting the relief sought by the appellant” we are firm in the position that no lawful sentence given by a sentencing judge will be disturbed on appeal. Sentencing is for trial court judges; not prosecutors, not defense attorneys and not appellate judges. The sentence is affirmed.
AFFIRMED.
SHARP, C.J., and ORFINGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Johnson v. State, 557 So. 2d 203 (Fla. 5th DCA 1990)…n. This is evident by the fact that defendants are now asserting the right to be sentenced to the next higher cell to avoid probation. The right to so choose denied defendants by Woods v. State, 542 So. 2d 443 (Fla. 5th DCA 1989) and Evans v. State, 544 So. 2d 1160 (Fla. 5th DCA 1989) has, in effect, now been granted by the Franklin decision. .Admittedly, the court also discussed the effect of the legislatures’ “one cell bump up" authorization in violation cases in order to determine the legislative intent. B…
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Morganti v. State, 557 So. 2d 593 (Fla. 4th DCA 1990)…ne is not a deviation from the sentencing guidelines. Cf. Whiteman v. State, 465 So. 2d 591 (Fla. 2d DCA 1985). The probation portion of the sentence imposed was a lawful sentence. Woods v. State, 542 So. 2d 443 (Fla. 5th DCA 1989); Evans v. State, 544 So. 2d 1160 (Fla. 5th DCA 1989). We have considered Brown v. State and Dearth v. State and do not read these cases to require that the consent of a defendant be obtained as a prerequisite to a term of probation rather than a fixed period of incarceration. We al…
Authorities Cited
- Woods v. State, 542 So. 2d 443 (Fla. 5th DCA 1989)
- Holley v. State, 483 So. 2d 854 (Fla. 5th DCA 1986)
- Williams v. State, 522 So. 2d 1022 (Fla. 5th DCA 1988)