STEVE ALAN BAMBERG, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant Bamberg pled guilty to various charges including burglary and grand theft. He was sentenced as a habitual offender to a prison term for the burglary, but on the grand theft charge he was given 10 years probation only.
Appellant contends that the 10 years probation was improper in light of the habitual offender finding, relying on the concurring opinion in Steiner v. State, 591 So. 2d 1070 (Fla. 2d DCA 1991). However, this court has since held in an en banc opinion that the trial court may impose probation even when the court has made a finding that the defendant is a habitual offender. King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992). We note that the Fifth District Court of Appeal has recently held to the contrary in State v. Kendrick, 596 So. 2d 1153 (Fla. 5th DCA 1992).
Affirmed.
SCHOONOVER, C.J., and LEHAN and FRANK, JJ., concur.
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Snyder v. State, 615 So. 2d 231 (Fla. 1st DCA 1993)…However, it urges that the trial court be permitted to consider a departure sentence on remand. The permitted guidelines ranges, effective July 1, 1988, cannot be applied to a defendant who committed his crimes pri- or to that date. Jones v. State, 599 So. 2d 769, 770 n. 1 (Fla. 1st DCA 1992), citing Puffinberger v. State, 581 So. 2d 897, 900 (Fla.1991). Snyder committed his crimes in 1986 and 1987, hence he correctly asserts that the permitted range could not be used in sentencing him. The result was a depa…
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Rodgers v. State, 645 So. 2d 20 (Fla. 1st DCA 1994)…en raised on direct appeal and they therefore were procedurally barred. However, a sentencing error which causes an individual to be restrained for a time longer than that allowed by law may be heard in any and every manner possible. Jones v. State, 599 So. 2d 769 (Fla. 1st DCA 1992). The trial court erred in finding these claims to be procedurally barred and we reverse and remand for further proceedings as to these four issues. The remaining twelve claims presented below by the appellant were properly denie…
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- King v. State, 597 So. 2d 309 (Fla. 2d DCA 1992)
- State v. Kendrick, 596 So. 2d 1153 (Fla. 5th DCA 1992)
- Steiner v. State, 591 So. 2d 1070 (Fla. 2d DCA 1991)