ANTHONY F. PAYNE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Anthony Payne appeals his convictions and sentences for armed robbery and armed kidnapping committed during a Wendy's robbery in Jacksonville. The court affirms his convictions but reverses his consecutive life sentences because they departed from guideline sentences without stated reasons, and remands for resentencing.
The consecutive life sentences must be reversed because they depart from the recommended guideline sentence (life sentences to run concurrently) without stated valid reasons. Upon remand, the trial court may either impose a guideline sentence or state valid reasons for a departure sentence.
[1] A consecutive sentence that departs from the recommended guideline sentence must be reversed absent valid reasons for the departure.
[2] Upon remand for resentencing, a trial court may enter a guideline sentence or, by stating valid reasons, a departure sentence.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In this case, the maximum guideline sentence for armed robbery and for armed kidnapping is life, on each count, the sentences to run concurrently. Thus, the consecutive life sentences resulted in a departure from the recommended guideline sentence.”
Establishes that the trial court's consecutive sentences departed from guideline recommendations
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn July 12, 1986, Payne entered a Wendy's restaurant armed with a nine millimeter semiautomatic weapon, robbed the manager at gunpoint, forced him to …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Guidelines Departure Sentence cases and more on FLexlaw
PER CURIAM.
This cause is before us on a consolidated appeal of appellant’s judgment and sentence for two felonies in Case No. 86-8317 and ten felonies in Case No. 86-8320. We affirm without discussion the judgment and sentence in Case No. 86-8320.1 We affirm the judgment and remand for resentencing Case No. 86-8317.
On July 12, 1986, appellant entered a Wendy’s restaurant in Jacksonville, Florida, armed with a nine millimeter semiautomatic weapon. Appellant robbed the manager at gunpoint, forced him to open the safe, removed approximately $2000, and subsequently locked the manager in a broom closet. Appellant was arrested and confessed to the crimes.
Appellant was convicted of armed robbery, aggravated assault, armed kidnapping, use of a firearm during the commission of an armed robbery, and use of a firearm during the commission of an armed kidnapping. This court reversed appellant’s convictions and sentences imposed with regard to Count II, aggravated assault, Count IV, use of a firearm during the commission of an armed robbery, and Count V, use of a firearm during the commission of an armed kidnapping, and remanded for further proceedings. See Payne v. State, 538 So. 2d 1302 (Fla. 1st DCA 1989), jurisdiction dismissed, State v. Payne, 550 So. 2d 1120 (Fla.1989).
On January 19, 1990, the court resen-tenced appellant for armed robbery and for armed kidnapping, imposing two consecutive life sentences. In addition, the trial court imposed two concurrent three-year minimum mandatory provisions pursuant to Section 775.087(2), Florida Statutes, which are not challenged here.
In this case, the maximum guideline sentence for armed robbery and for armed kidnapping is life, on each count, the sentences to run concurrently. Thus, the consecutive life sentences resulted in a departure from the recommended guideline sentence. Rease v. State, 493 So. 2d 454 (Fla.1986). Absent reasons for the departure, the sentence must be reversed. Upon remand, the trial court may either enter a guideline sentence or, by stating valid reasons, a departure sentence. See Roberts v. State, 547 So. 2d 129 (Fla.1989).
Accordingly, the judgment and sentence in Case No. 86-8320 is affirmed. The judgment in Case No. 86-8317 is affirmed, and the sentence is reversed and remanded for further proceedings consistent with this opinion.
BOOTH and MINER, JJ„ and WENTWORTH, Senior Judge, concur. . These offenses were unrelated to the crimes committed July 12, 1986, which are the subject of appeal in Case No. 86-8317. Appellant presented no issues on appeal in Case No. 86-8320.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Doyal Powell Roberts v. State, 547 So. 2d 129 (Fla. 1989)
- Rease v. State, 493 So. 2d 454 (Fla. 1986)
- Payne v. State, 538 So. 2d 1302 (Fla. 1st DCA 1989)
- THE FLA. BAR RE AMENDMENT TO THE RULES REGULATING THE FLA. BAR-RULE 4-1.5 (CONTINGENT FEES), 550 So. 2d 1120 (Fla. 1989)