Allen v. State, 87-03464
| Decision Date | 01 June 1990 |
| Docket Number | No. 87-03464,87-03464 |
| Citation | 561 So.2d 1339 |
| Parties | 15 Fla. L. Weekly D1497 Donald ALLEN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender and Kevin Briggs, Asst. Public Defender, Bartow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Wendy Buffington, Asst. Atty. Gen., Tampa, for appellee.
Donald Allen challenges the trial court's order sentencing him to three consecutive life sentences. We vacate the sentence and remand the case.
Allen was charged and convicted of armed robbery with a firearm, Counts I and II; aggravated assault, Count III; armed burglary, Count IV; kidnapping, Counts V, VI and VII; sexual battery, Counts VIII and IX; and impersonating an officer, Count X. The recommended sentence under the sentencing guidelines scoresheet is life imprisonment. The trial court sentenced Allen to three consecutive life sentences. This constitutes an upward departure from the guidelines, requiring written reasons. Robinson v. State, 520 So.2d 1 (Fla.1988); Daughtry v. State, 521 So.2d 208 (Fla.App. 2 Dist.), review denied, 528 So.2d 1181 (Fla.1988).
Because no written reasons for the upward departure were given by the trial court, the sentence is vacated and the case is remanded for the trial court to sentence Allen within the recommended guidelines. Pope v. State, 561 So.2d 554 (Fla.1990).
Accordingly, we vacate Allen's sentence and remand for proceedings consistent herewith.
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Hill v. State
...See, e.g., Reed v. State, 565 So.2d 708 (Fla. 5th DCA 1990) (finding no authority to delay application of Pope ); Allen v. State, 561 So.2d 1339 (Fla. 2d DCA 1990) (same). Treating the date of issuance as the date of announcement for a prospective rule appears consistent with the discussion......
- Wilkins v. State, 87-03598