Doby v. State, s. 84-498

• Decision Date: 28 November 1984
• Docket Number: 84-500,Nos. 84-498,84-499,s. 84-498
• Citation: Doby v. State, 461 So.2d 1360 (Fla. App. 1984)
• Parties: Kerry Lemuel DOBY a/k/a Dillar S. Booker, Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 1360

461 So.2d 1360

Kerry Lemuel DOBY a/k/a Dillar S. Booker, Appellant, v.STATE of Florida, Appellee.

Nos. 84-498, 84-500, 84-499.

District Court of Appeal of Florida Second District.

Nov. 28, 1984.

Jerry Hill, Public Defender, Bartow, and Douglas S. Connor, Asst. Public Defender, Tampa, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Ann Garrison Paschall, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

We vacate defendant's sentences imposed at defendant's probation revocation hearing on three counts of burglary and two counts of grand theft.We remand for resentencing.The trial court did not follow the procedures set forth in the sentencing guidelines.SeeFla.R.Crim.P. 3.701 d. The court sentenced the defendant to the maximum sentences without the benefit of a guidelines scoresheet which would have provided a presumptive sentence.The court announced what purported to be reasons for departing from the guidelines.But, not knowing the presumptive sentences under the guidelines, the court was without sufficient information to decide whether to depart from the guidelines.SeeMyrick v. State, 461 So.2d 1359(Fla. 2d DCA1984).

The record is susceptible of an interpretation that the trial court did not inadvertently fail to follow the sentencing guidelines.

Parole is not available to "[a] person convicted of crimes committed on or after October 1, 1983, or any other person sentenced pursuant to sentencing guidelines."Fla.Stat. 921.001(8).CompareKnight v. State, 455 So.2d 457(Fla. 1st DCA1984).Any trial court which might consider disregarding the guidelines and simply sentencing a defendant under preguidelines criteria, while announcing reasons for the sentence which may be sufficient to justify a departure from the guidelines, should bear in mind that due to the absence of parole the defendant's term of incarceration may well be greater than it would have been prior to the...