Glenn v. State, 92-2466
| Decision Date | 27 August 1993 |
| Docket Number | No. 92-2466,92-2466 |
| Citation | 623 So.2d 596 |
| Parties | 18 Fla. L. Weekly D1895 Donnie GLENN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Lyle Hitchens, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Barbara C. Davis, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant, Donnie Glenn, timely appeals a sentence imposed following a violation of his probation. He specifically challenges the trial court's reasons for departing from the sentencing guidelines.
The record shows that appellant was charged by information with four counts of unlawful sale or delivery of a controlled substance. He entered a written plea of guilty to the offenses. The trial court sentenced him to a term of 7 years incarceration for count I to be followed by three concurrent 10-year terms of probation for counts II, III and V. [Count IV of the charging document pertained to a second defendant].
Appellant later violated his probation to which he entered a plea of nolo contendere. He was then charged with unlawfully possessing a controlled substance on June 5, 1992, less than three months after his release from prison. His sentencing guidelines scoresheet totalled 211 points yielding a recommended sentence of 9-12 years and a permitted sentence of 7-17 years. With the one cell bump-up for the violation of probation his recommended sentence was 12-17 years with a permitted range of 9-22 years.
The trial court adjudicated appellant guilty of violating his probation and sentenced him to serve a term of 15 years for count II, 5 years for count III and 5 years for count V [for the underlying sale and delivery offenses]. The sentences for counts III and V were consecutive to the sentence in count II. The court also imposed a 5-year term of incarceration for the current possession offense to be served consecutive to the sentence imposed for count II in the underlying case. The court departed from the sentencing guidelines based upon appellant's proximity to release from prison and upon his continuing persistent criminal activity. Appellant contends that both of the court's reasons for departure are improper. We agree.
In Barfield v. State, 594 So.2d 259 (Fla.1992), the supreme court held first, that temporal proximity alone does not constitute a clear and convincing reason to depart from the guidelines and second, that a...
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Zellars v. State, 97-364
...for aggravated battery, coupled with this offense, does not create an escalating pattern of criminal conduct. Glenn v. State, 623 So.2d 596 (Fla. 5th DCA 1993); Browning v. State, 625 So.2d 960 (Fla. 5th DCA 1993). Further, the record fails to establish the times Zellars committed other pri......
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Tucker v. State, 94-2679
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Baker v. State, 97-3171.
...violent crimes or a progression of increasing violent crimes, or a pattern of increasingly serious criminal activity. Glenn v. State, 623 So.2d 596 (Fla. 5th DCA 1993). As stated above, most of Baker's offences, including the current felony, were not violent. Thus the first two possible esc......