WALTER DELANCY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that it is permissible to convict a defendant of both armed robbery and aggravated assault with a firearm, and that the sentence imposed was legal.
Defendant was convicted of armed robbery and aggravated assault with a firearm. He appealed, arguing that he could not be convicted of both offenses a…
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PER CURIAM.
Walter Delaney appeals his convictions and sentences for armed robbery and aggravated assault with a firearm. He contends that it is impermissible to convict him of both offenses. We disagree and affirm on authority of Taylor v. State, 608 So. 2d 804, 805 (Fla. 1992), and Owens v. State, 626 So. 2d 240, 242 (Fla. 2d DCA 1993), review denied, 634 So. 2d 626 (Fla.1994).
Defendant’s reliance on State v. Steams, 645 So. 2d 417 (Fla.1994), is misplaced. Steams must be read in the context of its particular facts, and in tandem with the decision on which it relies, State v. Brown, 633 So. 2d 1059 (Fla.1994). Steams and Brown do not recede from Taylor v. State.
We find no merit in defendant’s argument that the trial court should have granted a mistrial.
Defendant argues that his 6-year sentence for aggravated assault exceeds the 5-year legal maximum. See §§ 775.082(3)(d), 784.021, Fla.Stat. (1993). However, the date of defendant’s crime was April 27,1994. Effective January 1, 1994, “[i]f a recommended sentence under the guidelines exceeds the maximum sentence otherwise authorized by § 775.082, the sentence under the guidelines must be imposed, absent a departure.” § 921.001(5), Fla.Stat. (1993); Gardner v. State, 661 So. 2d 1274 (Fla. 5th DCA 1995). The guideline range in this case was 4.3 years to 7.1 years. The 6-year sentence is legal under subsection 921.001(5).
Affirmed.
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Martinez v. State, 692 So. 2d 199 (Fla. 3d DCA 1997)…recommended guidelines range in this case was 4.6 years to 7.7 years. The trial court imposed a sentence of six and one-half years incarceration followed by one year of probation. This is a legal sentence under the 1994 guidelines. Delaney v. State, 673 So. 2d 541 (Fla. 3d DCA 1996). Defendant takes issue with Delaney and argues that the five-year statutory maximum applies in this case. He reasons that the recommended sentence does not exceed the five-year legal maximum because the bottom of the guidelines r…
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Deno S. Green v. State, 691 So. 2d 502 (Fla. 5th DCA 1997)…rom” in (18)(a) have the same meaning as the word “departure” has in section 921.0016 and these terms do not encompass those variations from the recommended guidelines sentence which are permitted without stated reasons. See, e.g., Delaney v. State, 673 So. 2d 541 (Fla. 3d DCA 1996). The emphasized line from section 921.001(5) quoted above should read, for purposes of clarity, as follows: “If the recommended sentence under the guidelines exceeds the maximum sentence otherwise authorized by s. 775.082, a sent…
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Bell v. State, 114 So. 3d 229 (Fla. 5th DCA 2013)…ation, the district courts have uniformly held that separate convictions for robbery with a firearm and aggravated assault with a firearm do not violate double jeopardy. See Ward v. State, 898 So. 2d 1152, 1158 (Fla. 5th DCA 2005); Delaney v. State, 673 So. 2d 541 (Fla. 3d DCA 1996); Owens v. State, 626 So. 2d 240, 242 (Fla. 2d DCA 1993), rev. denied, 634 So. 2d 626 (Fla.1994); Stone v. State, 616 So. 2d 643 (Fla. 4th DCA 1993). Bell failed to acknowledge any of these cases.4 Conclusion We caution counsel t…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Taylor v. State, 608 So. 2d 804 (Fla. 1992)
- Gardner v. State, 661 So. 2d 1274 (Fla. 5th DCA 1996)
- State v. Brown, 633 So. 2d 1059 (Fla. 1994)
- City OF Sarasota v. Mikos, 645 So. 2d 417 (Fla. 1994)
- State v. Stearns, 645 So. 2d 417 (Fla. 1994)
- Owens v. State, 626 So. 2d 240 (Fla. 2d DCA 1993)