Hackney v. State, No. 83-1725

CourtCourt of Appeal of Florida (US)
Writing for the CourtCOWART; COBB, C.J., and FRANK D. UPCHURCH, Jr.
Citation456 So.2d 1209
PartiesJames HACKNEY, Appellant, v. STATE of Florida, Appellee.
Docket NumberNo. 83-1725
Decision Date07 September 1984

Page 1209

456 So.2d 1209
James HACKNEY, Appellant,
v.
STATE of Florida, Appellee.
No. 83-1725.
District Court of Appeal of Florida,
Fifth District.
Sept. 7, 1984.
Rehearing Denied Oct. 15, 1984.

James B. Gibson, Public Defender, and James R. Wulchak, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.

COWART, Judge.

This is another sentencing guidelines case.

Defendant, age 19, entered a negotiated plea to grand theft (§ 812.014, Fla.Stat.) and elected guideline sentencing. 1 The appropriate guideline sentence score sheet (Form 3.988(f), Category 6) resulted in a recommended or presumptive guideline sentence in the lowest range, i.e., any non-state prison sanction.

The trial judge found that the defendant met the statutory criteria to be sentenced as a youthful offender under section 958.05, Florida Statutes, and sentenced him to four years imprisonment to be followed by two years of community control, explaining the reason as follows:

THE COURT: James [defendant], looking at your record, son, this is absolutely

Page 1210

the best thing that I or any others of us here can try to do to help you. The institution that you will go to under this sentence has all kinds of programs to train you to earn a living, and help you get along in the free world ... we are trying, not trying to send you to the penitentiary; trying to send you some place where you can get some help that will help you survive when you come out.

The State argues this appeal should be dismissed because a guilty plea cannot be appealed under section 924.06(3), Florida Statutes, and Florida Rule of Appellate Procedure 9.140(b)(1), and because defense counsel made no objection at the time the sentence was imposed. The statutory and rule bar to direct appeal from a judgment entered upon a guilty plea relates to the issue, and adjudication, of guilt and not to errors in sentencing which is imposed after the guilty plea. 2 Section 924.06(3), Florida Statutes, and Rule 9.140(b)(1), do not limit the right under section 924.06(1)(e) and 921.001(5), Florida Statutes, and Rule 9.140(b)(1)(E) to appeal a sentence imposed outside the range recommended by the sentencing guidelines. In Carter v. State, 452 So.2d 953 (Fla. 5th DCA 1984), this court considered a guideline sentencing issue on an appeal taken after a guilty plea. The contemporaneous objection rule does not relate to...

To continue reading

Request your trial
10 practice notes
  • Mischler v. State, No. 84-151
    • United States
    • Florida District Court of Appeals
    • 17 Octubre 1984
    ...1st DCA 1984); Carney v. State, 458 So.2d 13 (Fla. 1st DCA 1984). Appeals from departure not barred by guilty plea Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA 1984). Appeals not waived by failure of defendant to make contemporaneous objection Mitchell v. State, 458 So.2d 10 (Fla. 1st DCA......
  • Dominguez v. State, No. 84-506
    • United States
    • Court of Appeal of Florida (US)
    • 3 Enero 1985
    ...under the Youthful Offender Act, Chapter 958, Florida Statutes (1983), was exempt from the operation of the Guidelines. Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA 1984). However, this committee note was eliminated by the Florida Supreme Court. In Re Amendment to the Rules of Criminal Pr......
  • Mack v. State, Nos. 83-1723
    • United States
    • Florida District Court of Appeals
    • 18 Octubre 1984
    ...does not follow the guidelines and is not a sentence in accordance with, or pursuant to, sentencing guidelines. 3 See Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA 1984); Burke v. State, 456 So.2d 1245 (Fla. 5th DCA...
  • Bell v. State, No. 84-551
    • United States
    • Florida District Court of Appeals
    • 29 Noviembre 1984
    ...sentence because the trial judge stated the reason on the record. Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984); Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA The principal point appellant raises is that the trial judge erred in relying upon a memorandum of the Sentencing Guidelines Com......
  • Request a trial to view additional results
10 cases
  • Mischler v. State, No. 84-151
    • United States
    • Florida District Court of Appeals
    • 17 Octubre 1984
    ...1st DCA 1984); Carney v. State, 458 So.2d 13 (Fla. 1st DCA 1984). Appeals from departure not barred by guilty plea Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA 1984). Appeals not waived by failure of defendant to make contemporaneous objection Mitchell v. State, 458 So.2d 10 (Fla. 1st DCA......
  • Dominguez v. State, No. 84-506
    • United States
    • Court of Appeal of Florida (US)
    • 3 Enero 1985
    ...under the Youthful Offender Act, Chapter 958, Florida Statutes (1983), was exempt from the operation of the Guidelines. Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA 1984). However, this committee note was eliminated by the Florida Supreme Court. In Re Amendment to the Rules of Criminal Pr......
  • Mack v. State, Nos. 83-1723
    • United States
    • Florida District Court of Appeals
    • 18 Octubre 1984
    ...does not follow the guidelines and is not a sentence in accordance with, or pursuant to, sentencing guidelines. 3 See Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA 1984); Burke v. State, 456 So.2d 1245 (Fla. 5th DCA...
  • Bell v. State, No. 84-551
    • United States
    • Florida District Court of Appeals
    • 29 Noviembre 1984
    ...sentence because the trial judge stated the reason on the record. Klapp v. State, 456 So.2d 970 (Fla. 2d DCA 1984); Hackney v. State, 456 So.2d 1209 (Fla. 5th DCA The principal point appellant raises is that the trial judge erred in relying upon a memorandum of the Sentencing Guidelines Com......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT