Public-domain · open source
OpenJurist

491 So. 2d 328

491 So.2d 328

11 Fla.L.Weekly 1549

Foster v. State

District Court of Appeal of Florida · decided 1986-07-15

Relies on 483 So. 2d 740 - Carter v. State · 489 So. 2d 115 - White v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1986-07-15

How this case has been cited

Cited by 6 later decisions — most recently June 2016

6 state decisions

301986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

NIMMONS, Judge.

¶1This is an appeal from the trial court’s imposition of consecutive sentences which departed from the sentencing guidelines. We reverse and remand for resentencing.

¶2Appellant 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.

¶3It 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.

¶4Accordingly, 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)(ll).

MILLS and WENTWORTH, JJ., concur.
/491/so2d/328 · .json · Public domain