ELIZABETH JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court's stated reasons for departing from the sentencing guidelines were insufficient.
Appellant received a fifteen-year prison sentence after multiple probation and community control violations. This sentence represented a departure fro…
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PER CURIAM.
In 1989 appellant Elizabeth Jones was sentenced to two and one-half years in prison, followed by twelve and one-half years probation. The record reveals multiple violations of probation and community control, both before and after imposition of this split sentence. Finally, in 1991, appellant received the fifteen-year prison sentence from which this appeal is taken.
The present sentence represents a departure from the sentencing guidelines recommendation. As justification for the departure the trial court cited “five violations of probation and community control and the egregiousness of [the] violations.” The state concedes that these reasons are insufficient. Williams v. State, 594 So. 2d 273 (Fla.1992). Although the trial court could have “bumped” the recommended sentence by one cell for each violation of probation; Bedford v. State, 598 So. 2d 285 (Fla. 2d DCA 1992); the result still would have been less than the sentence actually imposed. Accordingly, we remand this case for resentencing.
After remand the trial court should also award credit against the new sentence for the entire amount of the prison term imposed in 1989, regardless of the effect of gain time upon that sentence. State v. Green, 547 So. 2d 925 (Fla.1989).
Reversed.
FRANK, A.C.J., and HALL and ALTENBERND, JJ., concur.
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Jackson v. State, 659 So. 2d 1060 (Fla. 1995)…PER CURIAM. We have for review Jackson v. State, 641 So. 2d 965 (Fla. 1st DCA 1994), based upon direct and express conflict with Davis v. State, 630 So. 2d 595 (Fla. 2d DCA 1993), and Longley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993). We have jurisdiction under article V, section 3(b)(4), Florida Constitution. Petitioner contends that our decision in Daniels v. State, 595 So. 2d 952 (Fla.1992), mandates that his three-year minimum mandatory sentence term und…1 / 2
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Davis v. State, 630 So. 2d 595 (Fla. 2d DCA 1993)…three-year minimum mandatory sentence for possession of a firearm consecutively to his fifteen-year mandatory sentence as a habitual violent felony offender as that same sentencing scheme for the same offenses was held erroneous in Longley v. State, 614 So. 2d 34 (Fla. 5th DCA 1993). We agree and reverse. In Longley, the Fifth District held that reasoning similar to that in Daniels v. State, 595 So. 2d 952 (Fla.1992), controlled its disposition of the appeal of Longley’s sentence. Daniels was sentenced as…
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Green, 547 So. 2d 925 (Fla. 1989)
- Williams v. State, 594 So. 2d 273 (Fla. 1992)
- Seals v. State, 598 So. 2d 285 (Fla. 4th DCA 1992)