MICHAEL ANTHONY THOMPSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence combining a guidelines sentence with a habitual offender sentence is an illegal hybrid sentence.
Thompson pleaded guilty to delivery of cocaine and was sentenced to a guidelines sentence followed by habitual offender probation. He later violated p…
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[*336] PER CURIAM.
Thompson appeals the summary denial of his motion for postconviction relief. We reverse and remand for resentencing.
On September 26, 1989, Thompson entered a guilty plea to delivery of cocaine. The trial judge accepted Thompson’s plea and determined Thompson to be a habitual offender. The judge then sentenced Thompson to two and one-half years in prison under the sentencing guidelines followed by five years of probation as a habitual offender. In 1990, Thompson violated probation and was sentenced to thirty years in prison.
Thompson claims his prison sentence of two and one-half years followed by five years’ probation as a habitual offender is an illegal hybrid sentence. We agree. See Burrell v. State, 610 So. 2d 594 (Fla. 2d DCA1992); Moorer v. State, 614 So. 2d 643 (Fla. 2d DCA1993). Accordingly, we reverse the denial of Thompson’s motion and remand for resentencing. On remand, Thompson should be sentenced to a total guidelines sentence increased by one cell for the violation of probation. See Burrell; Williams v. State, 581 So. 2d 144 (Fla.1991).
Because we reverse the denial of Thompson’s motion on the illegal sentencing claim, we need not address Thompson’s second point.
Reversed and remanded.
CAMPBELL, A.C.J., and SCHOONOVER and PATTERSON, JJ., concur.
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King v. State, 681 So. 2d 1136 (Fla. 1996)…o clarify that we "adopt[ed] the rationale of the en banc opinion in King " only on the issue of a trial judge’s discretion to place an habitual felony offender on probation. McKnight v. State, 616 So. 2d 31, 31 (Fla.1993). . See Thompson v. State, 618 So. 2d 335, 336 (Fla. 2d DCA 1993) (finding split sentence of incarceration under the sentencing guidelines followed by probation as habitual offender to be “illegal hybrid sentence”); Moorer v. State, 614 So. 2d 643, 644 (Fla. 2d DCA 1993) (finding similar sp…
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Davis v. State, 623 So. 2d 547 (Fla. 2d DCA 1993)…ant to a negotiated plea, served the imprisonment portion of his sentence under the guidelines. Accordingly, based on the facts of this particular case he could not be sentenced as a habitual offender upon revocation of probation. Thompson v. State, 618 So. 2d 335 (Fla. 2d DCA 1993). Cf. Snead v. State, 616 So. 2d 964 (Fla.1993). Since the appellant was improperly sentenced as a habitual offender, we reverse and remand for resentencing within the guidelines. The court may impose a one cell increase for each…
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King v. State, 648 So. 2d 183 (Fla. 1st DCA 1994)…ced as a habitual offender upon revocation of probation.” Davis, 623 So. 2d at 548. Other habitual offender sentences imposed after revocation of probation, following imprisonment under the guidelines, have also been reversed. See Thompson v. State, 618 So. 2d 335, 336 (Fla. 2nd DCA 1993) (rejecting imprisonment under the guidelines coupled with probation as a habitual offender as an “illegal hybrid sentence”); Moorer v. State, 614 So. 2d 643 (Fla. 2d DCA 1993); Burrell v. State, 610 So. 2d 594 (Fla. 2d DCA 1…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Williams v. State, 581 So. 2d 144 (Fla. 1991)
- Rolland Allen Burrell v. State, 610 So. 2d 594 (Fla. 2d DCA 1992)
- Moorer v. State, 614 So. 2d 643 (Fla. 2d DCA 1993)