ROY CHAMBLISS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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DANIEL, Chief Judge.
' Defendant, Roy Edward Chambliss, Jr., appeals the departure sentence imposed by the trial court, claiming that the sole reason stated for departure, that defendant’s crimes constituted a “crime wave,” is invalid. We agree. See State v. Simpson, 554 So. 2d 506 (Fla.1989); Mathis v. State, 515 So. 2d 214 (Fla.1987); State v. Rousseau, 509 So. 2d 281 (Fla.1987). See also Towe v. State, 536 So. 2d 398 (Fla. 5th DCA 1989); Morgan v. State, 528 So. 2d 991 (Fla. 4th DCA 1988); Hayes v. State, 516 So. 2d 318 (Fla. 2d DCA 1987). Accordingly, defendant’s sentence is vacated and this matter is remanded for sentencing within the recommended sentencing guidelines range. Shull v. Dugger, 515 So. 2d 748 (Fla.1987). While recognizing the frustrations encountered by trial judges when dealing with sentencing issues, this court is constrained to enforce the law as set forth by the Legislature and interpreted by the Florida Supreme Court.
REVERSED and REMANDED.
HARRIS and PETERSON, JJ., concur.
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Hughes v. State, 667 So. 2d 910 (Fla. 4th DCA 1996)…So. 2d 463, 466 (Fla. 4th DCA 1993); Mitchell v. State, 573 So. 2d 446 (Fla. 2d DCA 1991). By contrast, the aggregate of a split sentence of incarceration and probation may not exceed the statutory maximum allowed by general law. See Saint v. State, 562 So. 2d 866 (Fla. 3d DCA 1990); Putt v. State, 527 So. 2d 914 (Fla. 3d DCA 1988). In addition, section 921.0016(1)(d), Florida Statutes (1993), provides in pertinent part as follows: The imposition of a split sentence of incarceration followed by community con…
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Regueiro v. State, 619 So. 2d 463 (Fla. 4th DCA 1993)…tatutory maximum. McCray v. State, 599 So. 2d 281 (Fla. 3d DCA 1992); Mitchell v. State, 573 So. 2d 446, 447 (Fla. 2d DCA 1991); Weidner v. State, 559 So. 2d 705 (Fla. 4th DCA 1990); Reid v. State, 565 So. 2d 415 (Fla. 4th DCA 1990); Saint v. State, 562 So. 2d 866 (Fla.3d DCA 1990); Tyner v. State, 545 So. 2d 961, 963 (Fla.2d DCA 1989); Putt v. State, 527 So. 2d 914 (Fla. 3d DCA 1988). In the instant case, the total sanction is thirty-two years with seventeen years incarceration and fifteen years probation.…
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Waddell v. State, 577 So. 2d 678 (Fla. 4th DCA 1991)…s split sentences for resentencing within the maximum penalty of fifteen years imprisonment. The total sanction, incarceration and probation, should not exceed that maximum. See Rule 3.701(d)(12), Florida Rules of Criminal Procedure; Saint v. State, 562 So. 2d 866 (Fla. 3d DCA 1990); Weidner v. State, 559 So. 2d 705 (Fla. 4th DCA 1990); Baldwin v. State, 558 So. 2d 173 (Fla. 5th DCA 1990). REVERSED AND REMANDED FOR FURTHER PROCEEDINGS IN ACCORDANCE HEREWITH. ANSTEAD and DELL, JJ., and WALDEN, JAMES H„ Sen…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- State v. Rousseau, 509 So. 2d 281 (Fla. 1987)
- State v. Vaughn R. Simpson, 554 So. 2d 506 (Fla. 1989)
- Mathis v. State, 515 So. 2d 214 (Fla. 1987)
- Bondurant v. Nickolas P. Geeker, 515 So. 2d 214 (Fla. 1987)
- Morgan v. State, 528 So. 2d 991 (Fla. 4th DCA 1988)
- Hayes v. State, 516 So. 2d 318 (Fla. 2d DCA 1987)
- Towe v. State, 536 So. 2d 398 (Fla. 5th DCA 1989)