Adams v. State, 85-506
| Decision Date | 14 February 1986 |
| Docket Number | No. 85-506,85-506 |
| Citation | 483 So.2d 121,11 Fla. L. Weekly 418 |
| Parties | 11 Fla. L. Weekly 418 Florine ADAMS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Robert L. Valentine of Jacobs & Valentine, P.A., Lakeland, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Candance M. Sunderland, Asst. Atty. Gen. for, Tampa, appellee.
Defendant appeals from her sentencing following three separate convictions, contending that the trial court specifically departed from the presumptive sentences under the sentencing guidelines and that there were no clear and convincing reasons therefor. Included among the trial court's reasons for departing from the guidelines were the statements, which are supported by the record, that:
The defendant has displayed a pattern of behavior which reflects a flagrant disregard for the Criminal Justice System and has clearly demonstrated that she is not able to meet the requirements of her many periods of probation. The defendant has shown no intention of discontinuing her long string of bad checks, the restitution of which is in the sum of several thousand dollars.
Were that the only error raised, we could affirm. See Pentaude v. State, 478 So.2d 1147 (Fla. 1st DCA 1985); Booker v. State, 482 So.2d 414 (Fla. 2d DCA 1985).
However, we note that no scoresheet was prepared for the sentencing of defendant in any of these cases. Therefore, we reverse and remand for resentencing. See Myrick v. State, 461 So.2d 1359 (Fla. 2d DCA 1984); Doby v. State, 461 So.2d 1360 (Fla. 2d DCA 1984).
Before sentencing may take place in case number 81-1654, involving revocation of probation which was imposed for an offense occurring before the adoption of the sentencing guidelines, defendant must be given the opportunity to affirmatively select to be sentenced under the guidelines. State v. Milton, 475 So.2d 670 (Fla.1985).
Reversed and remanded for resentencing.
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Abt v. State
...4. This defendant has, by his acts and history, exhibited a flagrant disreguard (sic) for the criminal justice system. Adams v State, 483 So2d 121 [Fla. 2nd DCA 1986]. He has been and is a threat to society. Middleton v. State, 489 So2d 201 [Fla. 2nd DCA 1986]. The suggested guidelines sent......
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Franks v. State
...the reason would be valid given appropriate record support, see Burgess v. State, 491 So.2d 1167 (Fla. 2d DCA 1986), Adams v. State, 483 So.2d 121 (Fla. 2d DCA 1986), the record before us is insufficient to support such a conclusion. State v. Mischler, 488 So.2d 523 The state has not met it......
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Riggins v. State, BF-261
...and failure to rehabilitate despite past probation. Dohn v. State, 482 So.2d 564 (Fla. 2d DCA 1986). See also, Adams v. State, 483 So.2d 121 (Fla. 2d DCA 1986) (departure is valid where defendant has displayed a pattern of behavior which reflects a flagrant disregard of the criminal justice......
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Coleman v. State, 84-2697
...for resentencing. Myrick v. State, 461 So.2d 1359 (Fla. 2d DCA 1984); Doby v. State, 461 So.2d 1360 (Fla. 2d DCA 1984); Adams v. State, 483 So.2d 121 (Fla. 2d DCA 1986). Because of our disposition of appellant's first two points on appeal, we do not find it necessary to address appellant's ......