BOBBY LEE ADAMS, A/K/A ROBERT LEE ALEXANDER, A/K/A BOBBY CARDIFF, A/K/A BOBBY FACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1995-07-21
No. 93-02225
BLUE and FULMER, JJ., concur.
658 So. 2d 1113 Florida District Court of Appeal, Second District (1995) Positive Treatment
Cited by 4 cases

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.

Synopsis

Bobby Adams appeals his third time for sentences imposed in a 1987 burglary and robbery case. The court reverses the life sentences imposed upon probation revocation and remands for resentencing, holding that Franklin v. State limits the trial court to a one-cell bump enhancement when revoking probation.


Holding

The court reverses the life sentences for the 1987 offenses and remands for resentencing in accordance with Franklin v. State, which limits the enhancement for probation violation to a one-cell bump. The court declines to decide whether a valid departure sentence would permit the full split sentence to be imposed upon probation revocation because the original sentences were not treated as departures.


Headnotes

[1] A defendant cannot be declared and sentenced as a habitual offender for offenses committed prior to the habitual offender declaration for the first time upon revocation o…

[2] A trial court cannot impose the remainder of a suspended split sentence upon a first violation of probation in an amount greater than permitted by the one-cell bump rule,…

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Key Quotes

“we must reverse the life sentences imposed in case number 87-2873 and remand for resentencing in accordance with Franklin”

States the court's holding requiring reversal and resentencing under Franklin v. State guidelines

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Facts & Procedural History

Adams was initially sentenced in July 1987 on four counts of burglary and robbery to concurrent split sentences with life terms suspended after nine y…

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Opinion of the Court
ALTENBERND, Acting Chief Judge.

ALTENBERND, Acting Chief Judge.

This is Bobby Adams’ third appeal of sentences imposed in case number 87-2873. We must reverse the sentences one more time and remand for resentencing.

In July 1987, Mr. Adams was initially sentenced in case number 87-2873 on four counts arising out of a serious burglary and robbery episode. On the three relevant counts, he received concurrent true split sentences, the longest of which were life sentences. Each life sentence was suspended after nine years, followed by life probation. This court affirmed those sentences in Adams v. State, 548 So. 2d 1179 (Fla. 2d DCA 1989).

In 1990, while already on probation for the offenses committed in case number 87-2873, Mr. Adams committed another serious burglary and robbery in case number 90-6148. The trial court declared Mr. Adams a habitual violent felony offender for the new offenses and imposed two concurrent life sentences. The trial court also revoked probation in ease number 87-2873, and for the first time in that case, declared the defendant to be a habitual violent felony offender. It then sentenced Mr. Adams to the balance of the original split sentences, which terms were to run consecutively to sentences imposed in case number 90-6148. In a second appeal, this court reversed the sentences imposed in case number 87-2873, holding that Mr. Adams could not be declared and sentenced as a habitual offender on those offenses for the first time upon revocation of probation. We also reversed the sentences in case number 90-6148 because the trial court mistakenly thought it must impose life terms upon declaring Mr. Adams to be a habitual violent felony offender. See Adams v. State, 609 So. 2d 176 (Fla. 2d DCA 1992).

On remand, the trial court sentenced Mr. Adams to life imprisonment in case number 87-2873 and deleted the reference to the habitual felony offender classification in that case. It once again imposed life sentences for the 1990 offenses, consecutive to the sentences for the 1987 offenses. The sentences for the 1990 offenses are not contested in this appeal.

Mr. Adams argues that the life sentences for the 1987 offenses are greater than that permitted by a one-cell bump for the violation of probation. The state recognizes that Franklin v. State, 545 So. 2d 851 (Fla.1989), supports Mr. Adams’ argument, but maintains that a different outcome is allowed in this case because the trial court filed reasons for departure at the original sentencing hearing in 1987.

Although the trial court filed reasons for departure at the first sentencing hearing, it nevertheless expressly stated that it did not regard the sentences as departures.1 This court affirmed the initial sentences as within the guidelines sentences. Accordingly, we have no need to decide in this appeal whether a true split sentence that is also a proper departure sentence permits the trial court to impose the remainder of the split sentence on a first violation of probation.

Instead, we must reverse the life sentences imposed in case number 87-2873 and remand for resentencing in accordance with Franklin. See Bankston v. State, 651 So. 2d 719 (Fla. 2d DCA), review granted, No. 85,264, — So. 2d-(Fla. June 8, 1995); Grady v. State, 618 So. 2d 341 (Fla. 2d DCA 1993).

Reversed and remanded.

BLUE and FULMER, JJ., concur. . Apparently, the trial court filed the departure reasons as a precaution because it was uncertain whether such a true split sentence was a guidelines or a departure sentence.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Lawrence v. State, 682 So. 2d 582 (Fla. 5th DCA 1996)
    …s sentence into a departure sentence upon a violation of probation. Poore ⅛ limitations could also be avoided if the court treats the sentence as a departure sentence from the outset, and enters written reasons for the departure. See Adams v. State, 658 So. 2d 1113 (Fla. 2d DCA 1995). In this case, the record reflects that defendant pled to a guidelines sentence. During the plea hearing, the following colloquy occurred: [ASSISTANT STATE ATTORNEY]: Actually, this is a split sentence to where the [*584] second…
  • Adams v. State, 775 So. 2d 385 (Fla. 2d DCA 2000)
    …ance with section 775.082(3)(b), Florida Statutes (1989). . We note that Adams' rule 3.850 motion was time-barred. In his rule 3.850 motion, Adams alleged that he appealed the 1993 sentence. However, the appeal to which Adams cited, Adams v. State, 658 So. 2d 1113 (Fla. 2d DCA 1995), did not include case number 90-6148. Thus, Adams never filed a direct appeal from his 1993 sentence, and his rule 3.850 motion was time-barred when it was filed in 1997. Apparently, without realizing that the motion was untimely…

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