Amrein v. State
| Decision Date | 18 March 1987 |
| Docket Number | No. BK-299,BK-299 |
| Citation | 12 Fla. L. Weekly 787,504 So.2d 783 |
| Parties | 12 Fla. L. Weekly 787 John AMREIN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Michael E. Allen, Public Defender, Kenneth L. Hosford, Sp. Asst. Public Defender, for appellant.
Jim Smith, Atty. Gen., John M. Koenig, Jr., Asst. Atty. Gen., for appellee.
Appellant seeks review of concurrent sentences of 40 months jail time and 15 years probation upon conviction of five felony counts of grand theft and five misdemeanor counts of contracting without a license. He contends the trial court departed from the recommended guidelines sentence of any nonstate prison sanction for the felony convictions by sentencing him to 40 months county jail time for the misdemeanor convictions without providing written reasons for departure as required by Fla.R.Crim.P. 3.701. We affirm.
Appellant on November 22, 1985 pled nolo contendere to five counts of grand theft, in violation of section 812.014, Florida Statutes, and five counts of contracting without a license, in violation of section 489.127, Florida Statutes. The trial court sentenced appellant within the recommended guidelines sentence of any nonstate prison sanction to three years probation on each felony count, with the sentences to run consecutively. The trial court sentenced appellant separately for the misdemeanor convictions, imposing eight months county jail time for each of the five misdemeanor counts, with those sentences to run consecutively to each other and concurrently with the felony sentences.
Appellant contends the trial court, in effect, circumvented the recommended guidelines sentence by imposing three years and four months jail time on the misdemeanor convictions, to be followed by the remaining 12 years probation for the felony convictions. Section 921.001(4)(a), Florida Statutes, provides that the sentencing guidelines "shall be applied to all felonies, except capital felonies, committed on or after October 1, 1983...." Under this section, the guidelines apply to felonies alone, and the trial court properly sentenced appellant separately for his felony and misdemeanor convictions. Appellant's misdemeanor convictions were scored on the guidelines scoresheet as additional offenses at conviction, adding four points to the eighteen points appellant received for the felony convictions. Factors accounted for in the sentencing guidelines scoresheet may not be used as a basis for departure from the recommended sentence. Scott v. State, 469...
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Kline v. State, BH-90
...to felony sentences and is not applicable to misdemeanor sentences. Dade County v. Baker, 265 So.2d 700 (Fla.1972); Amrein v. State, 504 So.2d 783 (Fla. 1st DCA 1987). Moreover, the sentencing guidelines apply only to felonies and are not applicable to sentences for misdemeanor violations. ......
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Anderson v. State, 92-2215
...any county jail term exceeding one year where a statute expressly directs that imprisonment be in a state prison. Amrein v. State, 504 So.2d 783, 784 (Fla. 1st DCA 1987). The parties to this appeal have not provided, and our research has not disclosed, a case which directly addresses the is......
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Armstrong v. State
...635 So.2d 1007 (Fla. 5th DCA 1994); Gwynn v. Orange County Bd. of County Comm'rs, 527 So.2d 866 (Fla. 5th DCA 1988); Amrein v. State, 504 So.2d 783 (Fla. 1st DCA 1987); Mancebo v. State, 338 So.2d 268 (Fla. 3d DCA We acknowledge that under this interpretation it is possible that a person co......
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Gwynn v. Orange County Bd. of County Com'rs, 87-2181
...years resulting from three consecutive misdemeanor sentences of one year each. The First District followed Mancebo in Amrein v. State, 504 So.2d 783 (Fla. 1st DCA 1987) and approved consecutive eight month county jail sentences for each of five misdemeanor counts, the sentences to run conse......