RODNEY L. LEWIS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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ERVIN, Judge.
This is an appeal from the final conviction and sentence of the appellant for three counts of sexual battery and one count of kidnapping. We affirm the conviction, and reverse the sentence and remand with directions.
The trial court sentenced the appellant to concurrent life terms on the three sexual battery counts, and to a thirty-year sentence on the kidnapping count, to be served consecutively to the life sentences. When the recommended sentence under the sentencing guidelines is life imprisonment, a trial court must provide written reasons for imposing consecutive sentences on other counts arising from the same incident. Rease v. State, 493 So. 2d 454, 455 (Fla.1986). Because the guidelines scoresheet does not indicate any written reason for imposing the departure sentence, the sentence must be reversed. Under the circum stances, the trial judge may, on remand, impose either a guidelines sentence or, if he states valid reasons, a departure sentence. Roberts v. State, 547 So. 2d 129 (Fla.1989).
NIMMONS and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA 1991)…onsecutively to each other. In Rease v. State, 493 So. 2d 454 (Fla.1986), the court held that when the guidelines recommend life, a sentence of life plus 60 years amounts to a departure requiring clear and convincing reasons. Accord, Lewis v. State, 550 So. 2d 144 (Fla. 1st DCA 1989) (when the recommended sentence is life, the court must provide written reasons for imposing consecutive sentences on other counts arising from the same incident). Here, the court effectively imposed life plus 30 years. The state…
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Wood v. State, 593 So. 2d 557 (Fla. 5th DCA 1992)…imprisonment sentence is imposed and consecutive sentences are imposed on other counts at the same time the life sentence is imposed, see Rease v. State, 493 So. 2d 454 (Fla.1986); Green v. State, 581 So. 2d 253 (Fla. 5th DCA 1991); Lewis v. State, 550 So. 2d 144 (Fla. 1st DCA 1989), the life imprisonment sentence is a departure sentence because, by being consecutive, the defendant does not commence service of the life sentence until after the expiration of the other (here 80 years) sentences and, thus, has…
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Garcia v. State, 632 So. 2d 690 (Fla. 2d DCA 1994)…ues that the sentence must be reversed and remanded for resentencing within the guidelines. We agree with appellant that the consecutive life sentences are a departure from the guidelines, Rease v. State, 493 So. 2d 454 (Fla.1986); Lewis v. State, 550 So. 2d 144 (Fla. 1st DCA 1989). On resentencing, because the trial court apparently was not aware that it was imposing a departure sentence, the court shall have the opportunity to again depart from the guidelines if it determines to do so and states valid rea…
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- Doyal Powell Roberts v. State, 547 So. 2d 129 (Fla. 1989)
- Rease v. State, 493 So. 2d 454 (Fla. 1986)