JACOB CASH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court improperly sentenced the defendant beyond the guidelines range without providing written reasons for departure, and that the statute allows only a guidelines sentence or a life sentence, not a sentence up to life.
The defendant was convicted of second-degree murder and shooting into an occupied vehicle. The trial court sentenced him to fifty years on the murder …
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DAVIS, Judge.
Jacob Cash challenges his conviction and sentence on charges of second-degree murder (count I) and shooting at, within, or into an occupied vehicle (count II). We find no merit in Cash’s claims regarding his conviction and only address the challenge to his sentence. The trial court sentenced Cash to fifty years’ incarceration on count I. He argues that this sentence improperly exceeds the guidelines range. We agree and reverse his sentence as to count I and remand for resentencing.
Cash scored 375.6 points on his sentencing guidelines seoresheet, putting him in a sentencing range of 260.7 to 434.5 months’ imprisonment. Section 921.0014(2), Florida Statutes (1997), provides, “If the total sentence points are equal to or greater than 363, the court may sentence the offender to life imprisonment.” The trial court (and the assistant state attorney) misunderstood this provision to allow a sentence of years up to life. However, by a strict reading of the statutory language, this provision allows only a guidelines sentence or a life sentence.
Because this sentence exceeded the guidelines but was not a life sentence, the trial court was required to give written reasons justifying the departure. See § 921.001(6), Fla. Stat. (1997). The trial court failed to provide written reasons. Accordingly, we reverse the sentence as to count I and remand for resentencing. See Culver v. State, 727 So. 2d 278 (Fla. 2d DCA 1999).
Reversed and remanded.
PARKER, A.C.J., and CASANUEVA, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Willis v. State, 785 So. 2d 648 (Fla. 2d DCA 2001)…on of the “life” provision of section 921.0014(2), this court has held that when the defendant’s total sentence points equal or exceed 363, the trial court may sentence the defendant to either a guidelines sentence or a life sentence. Cash v. State, 779 So. 2d 425 (Fla. 2d DCA 2000). The plain language of the sentencing guidelines does not allow a sentence for a term of years in excess of the guidelines but less than life absent written reasons for the upward departure from the guidelines. Id. In light of th…
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Shamond Byrd v. State, 841 So. 2d 502 (Fla. 3d DCA 2003)…exact issue), we have necessarily rejected that argument. If the sentence points are 363 or more, the court may sentence the offender to life imprisonment without departure reasons. Willis v. State, 785 So. 2d 648 (Fla. 2d DCA 2001); Cash v. State, 779 So. 2d 425 (Fla. 2d DCA 2000); Stoltzfus v. State, 735 So. 2d 549 (Fla. 5th DCA 1999); Kalapp v. State, 729 So. 2d 987 (Fla. 5th DCA 1999). Affirmed.2 . The crime date was April 12, 1998. . As a procedural matter, the defendant’s claim is not cognizable on…
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Thomas v. State, 126 So. 3d 436 (Fla. 4th DCA 2013)…ntence which must be supported with written reasons. I think Franco was wrongly decided. All other courts which have reviewed this statute also disagree with Franco. See, e.g., Kalapp v. State, 729 So. 2d 987, 990 (Fla. 5th DCA 1999); Cash v. State, 779 So. 2d 425, 425 (Fla. 2d DCA 2000); Byrd v. State, 841 So. 2d 502, 503 (Fla. 3d DCA 2003). Receding from Franco, however, is not essential to the result in this case.…
Authorities Cited
- Culver v. State, 727 So. 2d 278 (Fla. 2d DCA 1999)