Bogan v. State, No. 84-2679
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | FRANK; DANAHY, A.C.J., and LEHAN |
| Citation | 11 Fla. L. Weekly 1245,489 So.2d 157 |
| Decision Date | 28 May 1986 |
| Docket Number | No. 84-2679 |
| Parties | 11 Fla. L. Weekly 1245 Reginald BOGAN, Appellant, v. STATE of Florida, Appellee. |
Page 157
v.
STATE of Florida, Appellee.
Second District.
J. Marion Moorman, Public Defender, Bartow, and L.S. Alperstein, Asst. Public Defender, Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.
FRANK, Judge.
The appellant challenges the trial court's order sentencing him beyond the sentencing guidelines as a habitual offender.
After a jury found the appellant guilty of burglary and grand theft, violative of sections 810.02 and 812.014(2)(b), Florida Statutes (1983), the state notified him of its intention to ask the trial court to treat him as a habitual offender under section 775.084, Florida Statutes (1983). At the initial sentencing hearing, the trial court, relying upon the appellant's "rapsheet," found he
Page 158
was a habitual offender, stating "I find, due to his record, it is necessary for the protection of the public and sentence the defendant to an extended term as provided in this law." After defense counsel objected and argued that a rapsheet is insufficient proof of a prior conviction within the last five years, an element necessary to invoke the habitual offender statute, the trial court continued the hearing to afford the state an opportunity to submit a certified copy of the appellant's prior felony conviction within the preceding five years. At a subsequent sentencing hearing, a certified copy of such conviction was admitted into evidence and the trial court again found the appellant to be a habitual offender, stating merely that the finding was based upon the appellant's prior record. The court then departed from the sentencing guidelines' recommended range shown by a scoresheet to be 3 1/2-4 1/2 years of imprisonment and imposed consecutive sentences of 30 years of incarceration for burglary and 10 years of imprisonment for grand theft. At the conclusion of the hearing, the trial court directed the state to prepare and submit a written order setting out the facts of the instant offense, the fact that the appellant perjured himself, and the appellant's past record of convictions. An order was prepared by the prosecutor and executed by the trial court. The order embodied the reasons articulated by the trial judge as well as the prosecutor's conclusions that the appellant "displayed a continuing pattern of criminal...To continue reading
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6 practice notes
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Watson v. State, No. 85-1496
...to protect the public from the defendant's future criminal behavior. See Walker v. State, 462 So.2d 452 (Fla.1985); Bogan v. State, 489 So.2d 157 (Fla. 2d DCA 1986); Rosemond v. State, 489 So.2d 1185 (Fla. 1st DCA 1986); Welsh v. State, 486 So.2d 38 (Fla. 2d DCA 1986); Winters v. State, 475......
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Coleman v. State, No. 86-1659
...reason for departure in Hendrix v. State, 475 So.2d 1218 (Fla.1985), Whitehead v. State, 498 So.2d 863 (Fla.1986), and Bogan v. State, 489 So.2d 157 (Fla. 2d DCA That the appellant may have resisted arrest, and failed to appear in court are also invalid reasons. Reasons for departure shall ......
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Echevarria v. State, No. 85-552
...for specific findings of fact before enhancing a defendant's sentence on the ground that he is an habitual offender. Bogan v. State, 489 So.2d 157 (Fla. 2d DCA Second, the trial court erred in aggravating the sentence based on the fact that Echevarria was out on bond at the time the offense......
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Heston v. State, No. 85-2294
...at sentencing." As to reason 1, the circumstances were, in our view, not so egregious as to justify a departure. See Bogan v. State, 489 So.2d 157 (Fla. 2d DCA 1986). Although defendant's conduct was unquestionably reprehensible, no valid basis exists to give him a longer sentence for that ......
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6 cases
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Watson v. State, No. 85-1496
...to protect the public from the defendant's future criminal behavior. See Walker v. State, 462 So.2d 452 (Fla.1985); Bogan v. State, 489 So.2d 157 (Fla. 2d DCA 1986); Rosemond v. State, 489 So.2d 1185 (Fla. 1st DCA 1986); Welsh v. State, 486 So.2d 38 (Fla. 2d DCA 1986); Winters v. State, 475......
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Echevarria v. State, No. 85-552
...for specific findings of fact before enhancing a defendant's sentence on the ground that he is an habitual offender. Bogan v. State, 489 So.2d 157 (Fla. 2d DCA Second, the trial court erred in aggravating the sentence based on the fact that Echevarria was out on bond at the time the offense......
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Coleman v. State, No. 86-1659
...reason for departure in Hendrix v. State, 475 So.2d 1218 (Fla.1985), Whitehead v. State, 498 So.2d 863 (Fla.1986), and Bogan v. State, 489 So.2d 157 (Fla. 2d DCA That the appellant may have resisted arrest, and failed to appear in court are also invalid reasons. Reasons for departure shall ......
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Heston v. State, No. 85-2294
...at sentencing." As to reason 1, the circumstances were, in our view, not so egregious as to justify a departure. See Bogan v. State, 489 So.2d 157 (Fla. 2d DCA 1986). Although defendant's conduct was unquestionably reprehensible, no valid basis exists to give him a longer sentence for that ......
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