DAVID HERNANDEZ RODRIGUEZ, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Schaffer v. State, 769 So. 2d 496 (Fla. 4th DCA 2000)
  …here the guideline sentence exceeds the statutory maximum sentence. See Fla.R.Crim.P. 3.703(d)(31) (“The total sanction (incarceration and community control or probation) shall not exceed the term provided by general law ... ”); and Cauble v. State, 742 So. 2d 422, 423 (Fla. 2d DCA 1999) (because recommended guideline sentence did not exceed statutory maximum, split sentence not limited to the guidelines maximum). REVERSED FOR NEW TRIAL. GUNTHER and GROSS, JJ., concur. . See Ch. 90, Fla. Stat. (1999). . A…
• Gibson v. Fla. Dep't OF Corr., 828 So. 2d 422 (Fla. 1st DCA 2002)
  …e guidelines do nothing more than establish ranges of cumulative sentences that the trial court may impose, absent a departure. See Fla. R.Crim. P. 3.701(d)(12); Reichman v. State, 473 So. 2d 1324, 1325 (Fla. 1st DCA 1985). See also Cauble v. State, 742 So. 2d 422, 423 (Fla. 2d DCA 1999); Cruz v. State, 674 So. 2d 802, 802 (Fla. 3d DCA 1996); Kelly v. State, 616 So. 2d 100, 102 (Fla. 1st DCA 1993); Vileta v. State, 454 So. 2d 792, [*428] 795 (Fla. 2d DCA 1984) ("[A] sentence must be imposed for each offense,…
• Derick Lowery v. State, 754 So. 2d 888 (Fla. 5th DCA 2000)
  …the provisions of subsection 921.001(5) apply. We therefore vacate the sentence on the third degree felony and remand the case back to the trial court for resentencing. Although the state requests this court to certify conflict with Cauble v. State, 742 So. 2d 422 (Fla. 2d DCA 1999), the exact sentencing disposition in that case is unclear and we therefore decline to find an express conflict. JUDGMENT AFFIRMED; SENTENCE VACATED AND REMANDED. ANTOON, C.J. and GRIFFIN, J., concur. . Anders v. California, 386…

Authorities Cited

• Roan Peart v. State, 705 So. 2d 1059 (Fla. 3d DCA 1998)