Cummins v. State, 87-770
| Decision Date | 04 February 1988 |
| Docket Number | No. 87-770,87-770 |
| Citation | 13 Fla. L. Weekly 328,519 So.2d 718 |
| Parties | 13 Fla. L. Weekly 328 Ronald R. CUMMINS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Orange County; Emerson R. Thompson, Jr., Judge.
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Kevin Kitpatrick Carson, Asst. Atty. Gen., Daytona Beach, for appellee.
Ronald Cummins was placed on three years' probation in October, 1985, for the offense of dealing in stolen property. 1 In November, 1986, Cummins was arrested for grand theft. 2 Cummins pled guilty to the grand theft charge and admitted the probation violation. The trial court, relying on Florida Rule of Criminal Procedure 3.701(d)(14), increased the sentence in each case to the next higher cell without written reasons for departure. This was error. The automatic one-cell departure of Rule 3.701(d)(14) only applies to the sentence imposed for the earlier offense for which probation was revoked (dealing in stolen property), not for the subsequent offense (grand theft) which constitutes the probation violation.
Accordingly, we reverse the sentence imposed in Case No. 86-7793, and remand for resentencing within the recommended guidelines range of twelve to thirty months, unless valid reasons for departure are set forth in writing.
SENTENCE REVERSED; REMANDED.
1 Circuit Court Case No. 85-5160.
2 Circuit Court Case No. 86-7793.
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...Court of Appeal in Peters v. State, 516 So.2d 60 (Fla. 2d DCA 1987), which is in direct and express conflict with Cummins v. State, 519 So.2d 718 (Fla. 5th DCA 1988), and Green v. State, 513 So.2d 794 (Fla. 4th DCA 1987). We have jurisdiction, article V, section 3(b)(3), of the Florida Cons......
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...in Meadows v. State, 498 So.2d 1018 (Fla. 2d DCA 1986); Green v. State, 513 So.2d 794 (Fla. 4th DCA 1987), and Cummins v. State, 519 So.2d 718 (Fla. 5th DCA 1988). We decline to do Rule 3.701(d)(14), Fla.R.Cr.P., provides Sentences imposed after revocation of probation or community control ......
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Davis v. State, 88-15
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