PAUL EDWARD ROBBINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Court affirmed the armed robbery sentence but reversed the attempted second-degree murder sentence because the combined incarceration and probation term exceeded the statutory maximum for that offense.
A split sentence combining incarceration and probation may exceed the guidelines range if the incarcerative portion falls within the range, but the total sentence cannot exceed the statutory maximum for the crime.
[1] When the incarcerative portion of a split sentence falls within the guidelines range, the total sentence including probation may exceed the guidelines range but cannot ex…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceRobbins, with no prior record, pled guilty to attempted second-degree murder and armed robbery. The trial court imposed concurrent ten-year sentences …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Statutory Maximum cases and more on FLexlaw
PATTERSON, Judge.
Robbins pled guilty to one count of attempted second-degree murder and one count of armed robbery. He had no prior record. Under the sentencing guidelines, his recommended sentence was seven to twelve years’ incarceration and the permitted sentence was three to seventeen years’ incarceration. The trial court imposed a concurrent sentence of ten years’ incarceration to be followed by ten years’ probation on each count. Robbins contends that the cumulative sentences are improper because they constitute an upward departure from the guidelines and the trial court failed to provide written reasons.
If the incarcerative portion of a split sentence falls within the guidelines range, the total sentence, including the probation, may exceed that range as long as it remains within the statutory maximum of the crime. See Blizzard v. State, 600 So. 2d 542 (Fla. 1st DCA 1992). Robbins’ prison sen tence for armed-robbery falls within the guidelines range and is therefore proper. However, the combined twenty-year sentence (incarceration and probation) for attempted second-degree murder exceeds the statutory maximum of fifteen years for a second-degree felony. Thus, we affirm the sentence for armed robbery but reverse the sentence for attempted second-degree murder and remand for resentencing.
Affirmed in part, reversed in part, and remanded.
FRANK, C.J., and DANAHY, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Holloway v. State, 668 So. 2d 627 (Fla. 5th DCA 1996)…tatute. See State v. Callaway, 658 So .2d 983 (Fla. 1995). Second, a sentence is not an improper departure just because the prison term, when added to the term of probation, exceeds the sentencing guideline range. As pointed out in Robbins v. State, 641 So. 2d 934 (Fla. 2d DCA 1994), only the incarcera-tive portion of a split sentence must fall within the sentencing guideline range. See also Brown v. State, 647 So. 2d 197 (Fla. 1st DCA 1994); Morris v. State, 532 So. 2d 1116 (Fla. 5th DCA 1988). The defendan…
-
Lang v. State, 931 So. 2d 922 (Fla. 2d DCA 2005)…mum of fifteen years for a second-degree felony. Thus, we affirm the trial court’s order on claim one as to the burglary but reverse the trial court’s order on claim one as to the aggravated battery and remand for resentencing. See Robbins v. State, 641 So. 2d 934 (Fla. 2d DCA 1994). Because the sentence imposed was the result of a negotiated plea, Lang may be resentenced within the statutory maximum of fifteen years only with the State’s agreement. See Kelly v. State, 816 So. 2d 1221 (Fla. 2d DCA 2002). If t…
-
Garcia v. State, 666 So. 2d 231 (Fla. 2d DCA 1995)…ne days. A guidelines sentence, which includes the inearcerative portion of the sentence along with the probationary period, may not exceed the statutory maximum for the offense charged. State v. Holmes, 360 So. 2d 380 (Fla.1978); Robbins v. State, 641 So. 2d 934 (Fla. 2d DCA 1994). See also Fla. R.Crim.P. 3.702(d)(19).1 Since the sentence exceeds the statutory maximum for a second-degree felony, we reverse and remand for resentencing. RYDER, A.C.J., and ALTENBERND, J., concur. . Section 921.001(5), Flori…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- P.J. Blizzard v. State, 600 So. 2d 542 (Fla. 1st DCA 1992)