DONALD ALLEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence constituting an upward departure from the recommended guidelines requires written reasons.
Donald Allen was convicted of multiple felonies and sentenced to three consecutive life sentences, which was an upward departure from the recommended …
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RYDER, Acting Chief Judge.
Donald Allen challenges the trial court’s order sentencing him to three consecutive life sentences. We vacate the sentence and remand the case.
Allen was charged and convicted of armed robbery with a firearm, Counts I and II; aggravated assault, Count III; armed burglary, Count IV; kidnapping, Counts V, VI and VII; sexual battery, Counts VIII and IX; and impersonating an officer, Count X. The recommended sentence under the sentencing guidelines scoresheet is life imprisonment. The trial court sentenced Allen to three consecutive life sentences. This constitutes an upward departure from the guidelines, requiring written reasons. Robinson v. State, 520 So. 2d 1 (Fla.1988); Daughtry v. State, 521 So. 2d 208 (Fla.App. 2 Dist.), review denied, 528 So. 2d 1181 (Fla.1988).
Because no written reasons for the upward departure were given by the trial court, the sentence is vacated and the case is remanded for the trial court to sentence Allen within the recommended guidelines. Pope v. State, 561 So. 2d 554 (Fla.1990).
Accordingly, we vacate Allen’s sentence and remand for proceedings consistent herewith.
HALL and ALTENBERND, JJ., concur.
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Lewis v. State, 754 So. 2d 897 (Fla. 1st DCA 2000)…mediately moved for a mistrial based on the alleged improper “character attack” associating Appellant with an area characterized as the site of large-scale drug transactions. See Dorsey v. State, 639 So. 2d 158 (Fla. 1st DCA 1994); Wilkins v. State, 561 So. 2d 1339 (Fla. 2d DCA 1990). Counsel also asked for the jury to be instructed to disregard the question and answer. After hearing argument of counsel, the trial court sustained the objection and gave a curative instruction. Questioning resumed, without any o…
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Hill v. State, 696 So. 2d 798 (Fla. 2d DCA 1997)…. State, 561 So. 2d 554 (Fla.1990), to “pipeline” cases when Pope was still pending on rehearing in the supreme court. See, e.g., Reed v. State, 565 So. 2d 708 (Fla. 5th DCA 1990) (finding no authority to delay application of Pope)-, Allen v. State, 561 So. 2d 1339 (Fla. 2d DCA 1990) (same). Treating the date of issuance as the date of announcement for a prospective rule appears consistent with the discussion in Smith v. State, 598 So. 2d 1063 (Fla.1992), but that opinion is not dispositive. In an analogous co…
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Hutchinson v. State, 580 So. 2d 257 (Fla. 1st DCA 1991)…e arresting officer testified that the area where the defendant was arrested was “well known for illegal narcotics use” and that the police had “received complaints” that drugs were being sold in the defendant’s apartment complex); Wilkins v. State, 561 So. 2d 1339 (Fla. 2d DCA 1990) (defendant’s conviction reversed where, over objection, the officer was allowed to characterize the vicinity of the arrest as a high crime area and to testify that the location was “drive-up” for cocaine sales area; those statemen…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Robinson v. State, 520 So. 2d 1 (Fla. 1988)
- Daughtry v. State, 521 So. 2d 208 (Fla. 2d DCA 1988)