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Foster v. State

District Court of Appeal of Florida, First District
Jul 15, 1986
491 So. 2d 328 (Fla. Dist. Ct. App. 1986)

Opinion

No. BF-75.

July 15, 1986.

Appeal from the Circuit Court, Bay County, William A. Cooper, J.

Michael E. Allen, Public Defender; and Glenna Joyce Reeves, Asst. Public Defender, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Wallace E. Allbritton, Asst. Atty. Gen., Tallahassee, for appellee.


This is an appeal from the trial court's imposition of consecutive sentences which departed from the sentencing guidelines. We reverse and remand for resentencing.

Appellant pled guilty to two counts of issuing worthless checks and received one year of probation. Thereafter, appellant violated his probation and was sentenced to thirty months incarceration on each count to run consecutively for a total of sixty months. The recommended guidelines sentence was twelve to thirty months.

It is well-established that while a separate sentence must be imposed for each offense, the total sentence cannot exceed the total guidelines sentence unless a written reason for departure is given. White v. State, 489 So.2d 115 (Fla. 1st DCA 1986); Carter v. State, 483 So.2d 740 (Fla. 5th DCA 1986); Fla.R.Crim.P. 3.701(d)(12). In the present case, no written reason for departure was given by the trial judge.

Accordingly, the sentences are vacated and the cause is remanded for resentencing in accordance with the sentencing guidelines unless a clear and convincing reason for departure is stated in writing. Fla.R. Crim.P. 3.701(d)(11).

MILLS and WENTWORTH, JJ., concur.


Summaries of

Foster v. State

District Court of Appeal of Florida, First District
Jul 15, 1986
491 So. 2d 328 (Fla. Dist. Ct. App. 1986)
Case details for

Foster v. State

Case Details

Full title:DANNY FOSTER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 15, 1986

Citations

491 So. 2d 328 (Fla. Dist. Ct. App. 1986)

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