From Casetext: Smarter Legal Research

Taylor v. State

District Court of Appeal of Florida, First District
Sep 10, 1987
512 So. 2d 304 (Fla. Dist. Ct. App. 1987)

Summary

In Taylor v. State, 512 So.2d 304 (Fla. 1st DCA 1987), the defendant, prior to the Whitehead decision, was convicted of armed burglary and the state threatened to invoke the habitual offender act. Rather than face the possibility of a life sentence Taylor agreed to accept a fifteen-year sentence in lieu of the guideline recommendation of twelve years.

Summary of this case from Rowe v. State

Opinion

No. BP-225.

September 10, 1987.

Appeal from the Circuit Court, Duval County, Louis Safer, J.

Michael E. Allen, Public Defender, David P. Gauldin, Tallahassee, for appellant.

Robet A. Butterworth, Atty. Gen., Gary L. Printy, Asst. Atty. Gen., Tallahassee, for appellee.


Appellant seeks review of his conviction for armed burglary and attempted aggravated assault and his 15-year departure sentence. He raises several points on appeal. We find merit only in appellant's contention that the trial court erred in departing from the sentencing guidelines on the basis of the state's agreement not to seek habitual offender status in exchange for sentencing outside the guidelines. We affirm the conviction, but reverse and remand for resentencing.

Appellant was charged with one count of armed burglary of a structure, in violation of section 810.07 and 810.02(2), Florida Statutes, and aggravated assault with a deadly weapon, in violation of section 784.021(1)(a), Florida Statutes. After a jury found him guilty of the armed burglary charge and the lesser included offense of attempted aggravated assault, appellant apparently agreed to be sentenced outside the sentencing guidelines in exchange for the state's agreement not to seek habitual offender sentencing. The recommended guidelines range was 9-12 years incarceration. In accordance with the agreement, the trial court sentenced appellant to 15 years incarceration. Following sentencing, the supreme court in Whitehead v. State, 498 So.2d 863 (Fla. 1987) held that the habitual offender statute "cannot be considered as providing an exemption for a guidelines sentence," and habitual offender status is not a valid reason for imposition of a departure sentence. Id. at 865, 866. A defendant may agree to a departure sentence, but he "cannot by agreement confer on the court the authority to impose an illegal sentence." Williams v. State, 500 So.2d 501, 503 (Fla. 1986). In this case it appears that the sole inducement for appellant's agreement to the departure sentence was the threat of a sentence pursuant to the habitual offender status.

Accordingly, we reverse the departure sentence and remand the case for resentencing.

BOOTH and THOMPSON, JJ., concur.


Summaries of

Taylor v. State

District Court of Appeal of Florida, First District
Sep 10, 1987
512 So. 2d 304 (Fla. Dist. Ct. App. 1987)

In Taylor v. State, 512 So.2d 304 (Fla. 1st DCA 1987), the defendant, prior to the Whitehead decision, was convicted of armed burglary and the state threatened to invoke the habitual offender act. Rather than face the possibility of a life sentence Taylor agreed to accept a fifteen-year sentence in lieu of the guideline recommendation of twelve years.

Summary of this case from Rowe v. State
Case details for

Taylor v. State

Case Details

Full title:FREDDIE R. TAYLOR, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Sep 10, 1987

Citations

512 So. 2d 304 (Fla. Dist. Ct. App. 1987)

Citing Cases

Trott v. State

While it is well established that a plea bargain is a sufficient basis for a departure sentence ( Quarterman…

Rowe v. State

We do note that, again, the first district appears to offer some support for Rowe's arguments regarding the…