REGINALD LEETREZ GILYARD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The rule in State v. Van-Kooten does not apply where sentencing options are not disjunctive.
The district court certified a question regarding the application of the Van-Kooten rule to a situation where a range provides only a term of years fo…
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ANSTEAD, Justice.
We have for review the case of Gilyard v. State, 636 So. 2d 134 (Fla. 2d DCA 1994), in which the district court certified the following question as one of great public importance:
DOES THE RULE IN STATE v. VAN-KOOTEN, 522 So. 2d 830 (Fla.1988), APPLY IN THE SITUATION WHERE THE RANGE DOES NOT PROVIDE SANCTIONS PHRASED IN THE DISJUNCTIVE BUT MERELY PROVIDES FOR A TERM OF YEARS?
Id. at 136. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the certified question in the negative and approve the district court opinion.
At issue in the district court was whether our prior opinions involving disjunctive sentencing options, such as a term of incarceration or community control, restrict a sentencing judge’s discretion when there is no disjunctive sentencing provision. The district court, in a succinct opinion by Acting Chief Judge Danahy, has correctly analyzed our opinions and identified our intent. For that reason, we see no need to elaborate further and we approve the district court decision and adopt Judge Danahy’s opinion as our own.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING and WELLS, JJ., concur.
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Sinks v. State, 661 So. 2d 303 (Fla. 1995)…PER CURIAM. We have for review Sinks v. State, 646 So. 2d 229 (Fla. 4th DCA 1994), in which the district court addressed the same question we recently answered in Gilyard v. State, 653 So. 2d 1024 (Fla.1995). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. In accordance with our decision in Gilyard, we approve Sinks’ sentence to the extent that it combines incarceration and community control because neither the recommended range nor th…
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State v. Antrone Lamont Simmons, 687 So. 2d 827 (Fla. 1997)…essly authorizes incarceration not to exceed 364 days as a condition of community control. The trial court is not required to provide written reasons for this sentencing combination. This result is consistent vrith our decision in Gilyard v. State, 653 So. 2d 1024 (Fla.1995), in which we held that the rule stated in State v. Van Kooten, 522 So. 2d 830 (Fla.1988), does not apply in a situation where the guideline range does not provide sanctions phrased in the disjunctive.7 In Gilyard, this Court scrutinized t…
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Dixon v. State, 670 So. 2d 92 (Fla. 3d DCA 1996)…tence imposed and remand for resentencing. In 1991 appellant pleaded nolo contendere to strong arm robbery, a second degree felony. § 812.13(1), (2)(c), Fla.Stat. (1989); See Gilyard v. State, 636 So. 2d 134, 135 & n. 3 (Fla. 2d DCA 1994), approved, 653 So. 2d 1024 (Fla.1995). Under section 775.082(3)(c), Florida Statutes (1989), a second degree felony is subject to a maximum term of imprisonment of 15 years. Thus, appellant’s sentence of 17 years, while within the guidelines, im-permissibly “exceeds the maxim…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)
- Reginell Leetrez Gilyard v. State, 636 So. 2d 134 (Fla. 2d DCA 1994)