JESSIE GREEN A/K/A FARLEY GILBERT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that departure sentences require written reasons, and consecutive mandatory minimum sentences are limited.
Defendant was convicted of multiple offenses and received departure sentences without written reasons, and consecutive mandatory minimum sentences wer…
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COWART, Judge.
We affirm the defendant’s convictions but reverse his sentences because the trial court imposed a departure sentence without giving written reasons for departure when the guidelines recommended only a life sentence and the sentence imposed several terms of imprisonment consecutive to a life sentence. See Rease v. State, 493 So. 2d 454 (Fla.1986); Lewis v. State, 550 So. 2d 144 (Fla. 1st DCA 1989).
Upon resentencing the trial court may consider the imposition of a departure sentence for the reasons cited in State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA 1991); Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990).
CONVICTIONS AFFIRMED; SENTENCES VACATED; CAUSE REMANDED FOR RESENTENCING.1
W. SHARP and GOSHORN, JJ., concur. . A mandatory minimum sentence can be imposed on Count IV (aggravated battery of O'Dell Curry) and one other mandatory minimum sentence can be imposed consecutive to that mandatory minimum sentence either on Count II (attempted robbery with a firearm of O’Dell Curry) or Count III (robbery with a firearm of Shirel Jones). Only a total of two mandatory minimum sentences under the facts and charges in this case can be imposed and the second of those sentences can be consecutive to the first. See Palmer v. State, 438 So. 2d 1 (Fla.1983); State v. Thomas, 487 So. 2d 1043 (Fla.1986).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Wood v. State, 593 So. 2d 557 (Fla. 5th DCA 1992)…ecommends a sentence of life imprisonment and a life 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…
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Darius Toussaint v. State, 592 So. 2d 770 (Fla. 5th DCA 1992)…at a trial court may, following reversal and remand for resentencing, still depart where the court was unaware in • the initial sentencing that it had imposed a departure sentence. See State v. Betancourt, 552 So. 2d 1107 (Fla.1989); Green v. State, 581 So. 2d 253 (Fla. 5th DCA 1991); Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA 1991), rev. denied, 589 So. 2d 291 (1991); Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990). In any event this is a negotiated plea case, and if the trial court properly dete…
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Netherly v. State, 608 So. 2d 911 (Fla. 2d DCA 1992)…utively to the life sentence. It is a departure sentence to impose life followed by a term of years when the recommended sentence is life. Rease v. State, 493 So. 2d 454 (Fla. 1986); Wood v. State, 593 So. 2d 557 (Fla. 5th DCA 1992); Green v. State, 581 So. 2d 253 (Fla. 5th DCA 1991). The trial court erred by failing to supply written reasons to justify the departure sentence it imposed. Accordingly, we affirm the convictions for armed burglary, armed robbery, possession of a firearm by a convicted felon, se…
Authorities Cited
- Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- State v. Thomas, 487 So. 2d 1043 (Fla. 1986)
- Rease v. State, 493 So. 2d 454 (Fla. 1986)
- Henderson v. State, 577 So. 2d 653 (Fla. 1st DCA 1991)
- Merritt v. State, 567 So. 2d 1031 (Fla. 4th DCA 1990)
- Lewis v. State, 550 So. 2d 144 (Fla. 1st DCA 1989)