ELBERT C. JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Elbert Jones appeals six consecutive life sentences imposed following his plea of guilty to charges of burglary with assault, three counts of sexual battery with a deadly weapon, and two counts of robbery with a deadly weapon. The state concedes that the consecutive sentences constitute a departure sentence for which no written departure reasons were entered by the trial court. Accordingly, we reverse and remand for resentencing within the guidelines. Robertson v. State, 611 So. 2d 1228, 1284 (Fla.1993); Pope v. State, 561 So. 2d 554, 556 (Fla.1990). On remand, Jones must be given notice and an opportunity to be heard on the imposition of the Public Defender’s fee under section 27.56, Florida Statutes.
Our reversal of the consecutive life sentences on the prior ground obviates consideration of Jones’ claim that his guilty plea was not knowingly and intelligently entered because he was never informed that the plea could result in consecutive life sentences.
MICKLE, BENTON and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hoffman v. State, 700 So. 2d 765 (Fla. 3d DCA 1997)…at was entered into between the State and defendant clearly indicates that the sentencing guidelines do apply and that if the trial court departs from the sentencing guidelines, the defendant has the right to appeal his sentence. See Jones v. State, 659 So. 2d 487 (Fla. 1st DCA 1995)(appeal of departure sentence imposed after entry of guilty plea). Section 921.001(6), Florida Statutes (1989), provides that “[t]he sentencing guidelines shall provide that any sentences imposed outside the range recommended by…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Lavarity Robertson v. State, 611 So. 2d 1228 (Fla. 1993)