MARTIN DAVID KOPKO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a departure sentence cannot be imposed without contemporaneous written reasons.
Defendant was resentenced on one count consecutive to a life sentence on another count. The trial judge intended to depart upward from sentencing guid…
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W. SHARP, Judge.
Following remand by this court,1 Kopko was resentenced on Count II for lewd assault on a child under age 16.2 He had earlier been sentenced to life (with a 25 year minimum mandatory) on Count I for sexual battery on a child under age 12.3 At resentencing on Count II, the judge imposed a 15 year suspended sentence conditioned on the successful completion of 15 years of probation, consecutive to the life sentence. The trial judge said he intended to impose a departure sentence upward from the applicable sentencing guidelines brackets but he failed to file contemporaneous written reasons.
We have no alternative but to vacate the sentence appealed and remand for resentencing pursuant to the guidelines. Fla. R.Crim.P. 3.701(d)(ll). Pope v. State, 561 So. 2d 554 (Fla.1990); Wright v. State, 617 So. 2d 837, 840-41 (Fla. 4th DCA 1993); see Rivero v. State, 592 So. 2d 381 (Fla. 5th DCA 1992); Rodwell v. State, 588 So. 2d 19 (Fla. 5th DCA 1991), review denied, 599 So. 2d 657 (1992).
Sentence VACATED; REMANDED.
DIAMANTIS and THOMPSON, JJ., concur. . Kopko v. State, 577 So. 2d 956 (Fla. 5th DCA 1991), quashed, 596 So. 2d 669 (Fla.1992).
. § 800.04, Fla.Stat. (Supp.1986).
.§ 794.011(2), Fla.Stat. (Supp.1986).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Kopko v. State, 709 So. 2d 159 (Fla. 5th DCA 1998)…W. SHARP, Judge. Kopko brings a belated appeal from a sentence he received on August 12, 1994 for lewd assault on a child,1 after this court remanded this cause to the trial court for resentencing. Kopko v. State, 638 So. 2d 529 (Fla. 5th DCA 1994). Kopko was sentenced to one year in the county jail with credit for time served, consecutive to count I (a life sentence for sexual battery).2 Initially, in 1989 he had been sentenced to 15 years on count II, concurrent to the li…1 / 2
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Kopko v. State, 577 So. 2d 956 (Fla. 5th DCA 1991)
- Mac Ray Wright v. State, 617 So. 2d 837 (Fla. 4th DCA 1993)
- State v. Kopko, 596 So. 2d 669 (Fla. 1992)
- Whipple v. State, 596 So. 2d 669 (Fla. 1992)
- Rodwell v. State, 588 So. 2d 19 (Fla. 5th DCA 1991)
- Thompson v. State, 592 So. 2d 381 (Fla. 2d DCA 1992)
- Amador Rivero, Jr. v. State, 592 So. 2d 381 (Fla. 5th DCA 1992)