STATE OF FLORIDA, APPELLANT,
v.
TAMMY BRENDELL, APPELLEE

Fla. 5th DCA | 1995-06-23
No. 94-1749
COBB and W. SHARP, JJ., concur.
656 So. 2d 594 Florida District Court of Appeal, Fifth District (1995) Caution
Cited by 7 cases
Topics
Guidelines Sentence Downward Departure Sentence

Explore caselaw by topic → Browse Guidelines Sentence cases and more on FLexlaw

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This is an appeal from a sentence.

Appellant was convicted of robbery with a firearm and sentenced to a suspended seven-year term in prison, with the proviso that if she successfully completes two years community control and five years probation she would not have to go to prison.

We vacate the sentence and remand this case for a proper guideline sentence. First, she must be given the three-year mandatory minimum incarceration for the use of a firearm. See § 775.087(2)(a)1., Fla.Stat. (1993); State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA), rev. den., 456 So. 2d 1182 (Fla.1984). See also State v. McKendry, 614 So. 2d 1158 (Fla. 4th DCA), rev. granted, 624 So. 2d 267 (Fla.1993), approved, 641 So. 2d 45 (Fla.1994). Second, the innovative sentence is violative of Poore v. State, 531 So. 2d 161 (Fla.1988), State v. Conte, 650 So. 2d 192 (Fla. 5th DCA 1995) and State v. Manning, 605 So. 2d 508 (Fla. 5th DCA 1992). Third, the reasons for downward departure are ambiguous. See Knowles v. State, 654 So. 2d 592 (Fla. 1st DCA 1995); Cookston v. State, 639 So. 2d 100 (Fla. 5th DCA), rev. den., 649 So. 2d 232 (Fla.1994).

Sentence VACATED; REMANDED for resentencing and clarification.

COBB and W. SHARP, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Dunbar v. State, 89 So. 3d 901 (Fla. 2012)
    …rsed and remanded with instructions to impose the term. See, e.g., State v. Scanes, 973 So. 2d 659, 661 (Fla. 3d DCA 2008); State v. Couch, 896 So. 2d 799 (Fla. 1st DCA 2005); State v. Strazdins, 890 So. 2d 334 (Fla. 2d DCA 2004); State v. Brendell, 656 So. 2d 594 (Fla. 5th DCA 1995). In fact, the parties agree that defendants may receive increased sentences under that procedural framework without a violation of their double jeopardy rights. We see no distinction for double jeopardy purposes between an increa…
  • Dunbar v. State, 46 So. 3d 81 (Fla. 5th DCA 2010)
    …hen the trial court departed from the mandatory minimum sentencing requirement. See State v. Scanes, 973 So. 2d 659 (Fla. 3d DCA 2008); State v. Couch, 896 So. 2d at 799; State v. Calzada-Padron, 708 So. 2d 287 (Fla. 2d DCA 1996); State v. Brendell, 656 So. 2d 594 (Fla. 5th DCA 1995); State v. Boykins, 647 So. 2d 891 (Fla. 2d DCA 1994); State v. Ross, 447 So. 2d 1380 (Fla. 4th DCA 1984). In Allen v. State, 853 So. 2d 533 (Fla. 5th DCA 2003), our court held that when an oral sentence does not include the appl…
  • Dedric Gardner v. State, 699 So. 2d 798 (Fla. 4th DCA 1997)

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw