Stoltzfus v. State

District Court of Appeal of Florida

Decided May 28, 1999

District Court of Appeal of Florida · decided 1999-05-28

Cited by 3 later decisions — most recently December 2011

3 state decisions

Key passage — most relied on by later courts

“Succinctly stated, Mr. Kalapp's claim of error is that the sentence imposed was a departure from the sentencing guidelines because the sentence exceeded 528 months, and thus the trial court was required but improperly failed to articulate reasons for the departure. We disagree. A plain reading of section 921.0014(2) authorizes the trial court to impose a life sentence if the defendant scores 363 or more points. Accordingly, the sentences imposed in this case did not constitute departure sentences.”

quoted by 1 later decision, including 777 So. 2d 1138 - Franco v. State

Relies on Kalapp v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1999-05-28

View the full empirical analysis of this case →

THOMPSON, J.

¶1We have reviewed the record and the points on appeal and find no reversible error. We write to point out that a life sentence imposed pursuant to section 921.0014(2) is not a departure sentence in support of which there must be written reasons. Such a sentence is not a departure since a plain reading of the statute authorizes the court to impose a life sentence if the defendant scores 368 or more sentencing points. Kalapp v. State, 729 So.2d 987, 24 Fla. L. Weekly D815 (Fla. 5th DCA 1999).

¶2AFFIRMED.

W. SHARP and ANTOON, JJ., concur.