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641 So. 2d 934

Docket No. 93-00673.

Robbins v. State

Paul Edward ROBBINS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided August 31, 1994.

District Court of Appeal of Florida · decided 1994-08-31

Relies on Blizzard v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1994-08-31

How this case has been cited

Cited by 7 later decisions — most recently April 2014

7 state decisions

40199420002010decided

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.

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¶1Donald Miller, Tampa, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

¶3PATTERSON, Judge.

¶4Robbins pled guilty to one count of attempted second-degree murder and one count of armed robbery. He had no prior record. Under the sentencing guidelines, his recommended sentence was seven to twelve years' incarceration and the permitted sentence was three to seventeen years' incarceration. The trial court imposed a concurrent sentence of ten years' incarceration to be followed by ten years' probation on each count. Robbins contends that the cumulative sentences are improper because they constitute an upward departure from the guidelines and the trial court failed to provide written reasons.

¶5If the incarcerative portion of a split sentence falls within the guidelines range, the total sentence, including the probation, may exceed that range as long as it remains within the statutory maximum of the crime. See Blizzard v. State,600 So.2d 542 (Fla. 1st DCA 1992). Robbins' prison sentence *935 for armed robbery falls within the guidelines range and is therefore proper. However, the combined twenty-year sentence (incarceration and probation) for attempted second-degree murder exceeds the statutory maximum of fifteen years for a second-degree felony. Thus, we affirm the sentence for armed robbery but reverse the sentence for attempted second-degree murder and remand for resentencing.

¶6Affirmed in part, reversed in part, and remanded.

¶7FRANK, C.J., and DANAHY, J., concur.

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