THE STATE OF FLORIDA, APPELLANT,
v.
DENNIS HULL, APPELLEE
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Florida appellate court affirmed that trial judges retain discretion under Fla. Stat. § 721.16(1) to impose concurrent or consecutive sentences despite sentencing guideline recommendations, rejecting the argument that guidelines mandate consecutive sentences when they exceed statutory maximums.
A trial judge retains discretion under Fla. Stat. § 721.16(1) to impose sentences concurrently or consecutively notwithstanding sentencing guideline recommendations, and the adoption of guideline sentencing did not implicitly repeal statutory maximum sentences for individual crimes or remove judicial authority to determine sentence structure.
[1] Adoption of sentencing guidelines does not implicitly repeal statutory maximum sentences for individual crimes or remove a trial judge's statutory discretion to impose se…
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Join FLexlaw to unlock all legal intelligence“When the recommended guideline sentence exceeds the statutory maximum, the statute for the particular crime controls.”
Court explaining the hierarchy between guideline recommendations and statutory maximums.
Dennis Hull was convicted of four separate crimes, each carrying a statutory maximum sentence of fifteen years. The state argued that sentencing guide…
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PER CURIAM.
The state contends in these appeals that upon convictions for four separate crimes calling statutorily for fifteen years maximum sentences, the trial court was required to run the sentences consecutively because of the guideline recommendation, notwithstanding Section 721.16(1), Florida Statutes (1987). Citing Branam v. State, 540 So. 2d 158 (Fla. 2d DCA 1989), we disagree. When the recommended guideline sentence exceeds the statutory maximum, the statute for the particular crime controls. See State v. Thomas, 528 So. 2d 1274 (Fla. 3d DCA 1988). We recognize the conflict and decline to follow Bra-nam, supra, and hold that a trial judge still has the power and discretion to make sentences run either consecutively or concurrently pursuant to Section 721.16(1), Florida Statutes (1987). We do not find that the adoption of the guideline sentencing statute either removed the maximum sentence provided for individual crimes or deprived a trial judge of authority to make sentences either concurrently or consecutively pursuant to specific legislative grant of authority by Section 721.16(1), Florida Statutes (1987). We do not believe that the adoption of the guideline sentencing statute by implication could have repealed either the specific maximum sentences as to individual crimes or a trial judge’s grant of specific authority to render consecutive or concurrent sentences.
Therefore the sentences under review be and the same are hereby affirmed.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bruce v. State, 679 So. 2d 45 (Fla. 3d DCA 1996)…re has vested the trial court with discretion in criminal cases to impose either concurrent or consecutive sentences in independent cases. § 921.16(1), Fla. Stat. (1993); see also Benyard v. Wainwright, 322 So. 2d 473, 475 (Fla.1975); State v. Hull, 545 So. 2d 510 (Fla. 3d DCA), cause dismissed, 549 So. 2d 1014 (Fla.1989); Snell v. State, 438 So. 2d 1038 (Fla. 2d DCA 1983); McNamara v. State, 324 So. 2d 702 (Fla. 3d DCA 1975), cert. denied, 337 So. 2d 809 (Fla.1976). Section 921.16(1) states as follows: (1)…
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State v. Hill, 554 So. 2d 9 (Fla. 3d DCA 1989)…PER CURIAM. Affirmed. State v. Hull, 545 So. 2d 510 (Fla. 3d DCA 1989).…
Authorities Cited
- State v. Thomas, 528 So. 2d 1274 (Fla. 3d DCA 1988)
- Branam v. State, 540 So. 2d 158 (Fla. 2d DCA 1989)