Holley v. State, 85-1052
| Decision Date | 27 February 1986 |
| Docket Number | No. 85-1052,85-1052 |
| Citation | 11 Fla. L. Weekly 528,483 So.2d 854 |
| Parties | 11 Fla. L. Weekly 528 Frank HOLLEY, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Sean Daly, Asst. Atty. Gen., Daytona Beach, for appellee.
Appellant pled guilty to burglay of a dwelling (§ 810.02(3), Fla.Stat. (1983)) and grand theft of a motor vehicle (§ 812.014, Fla.Stat. (1983)). The recommended guideline sentence was any non-state prison sanction. The trial judge sought to impose a guideline conforming sentence of ten years probation with conditions of 270 days jail confinement, appellant obtaining his general education diploma, and appellant paying $15 for the crime compensation trust fund, $20 a month cost of probation supervision, $250 attorney's fees, $150 restitution, and a $1,000 fine. Although the trial judge explained to appellant that he could make installment payments of the $1,000 fine over the ten year probationary period, appellant and his counsel indicated appellant did not feel he would be able to make the monetary payments required by the probation conditions. Appellant explained, Appellant's protestations were taken to indicate that he was turning down the privilege of being placed on probation and, accordingly, the trial court imposed prison sentences of seven and five years concurrently. Appellant exclaimed, "You didn't tell me nothing like that."
The trial court justified the departure sentence on the basis that appellant did not want to be on probation and did not want to pay the fine or restitution.
Probation and community control by their nature do require the cooperation of the defendant who has the power to defeat the success of such rehabilitative programs. Accordingly, we decline to hold that when the sanctions are within a recommended guideline sentence and appear to be an appropriate sentencing disposition that a trial judge may not depart from the recommended sentence when defendant refuses to cooperate as to these forms of non-state prison sanction.
However, in this case, it appears to us from the record that the defendant, age 19, was not prepared for the conditions of probation and was overwhelmed by the amount of the money he was required to pay and by his own appraisal of his...
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Phillips v. State, 88-1917
...impose a "departure sentence" which did not entail any time on probation. Defense counsel relied on our decisions in Holley v. State, 483 So.2d 854 (Fla. 5th DCA 1986) and Williams v. State, 522 So.2d 1022 (Fla. 5th DCA 1988). These cases dealt with the claimed right of a defendant to rejec......
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Williams v. State, 88-827
...this appeal for lack of jurisdiction. Appellant relies upon Williams v. State, 522 So.2d 1022 (Fla. 5th DCA 1988) and Holley v. State, 483 So.2d 854 (Fla. 5th DCA 1986). We think these cases are distinguishable because those defendants both fell into the non-state prison brackets under the ......
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Evans v. State, 88-1419
...one-cell departure as if he had violated probation. He cites Williams v. State, 522 So.2d 1022 (Fla. 5th DCA 1988) and Holley v. State, 483 So.2d 854 (Fla. 5th DCA 1986) in support of his assertion. We do not read those cases to say a defendant is so entitled and have said so in Woods v. St......
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Woods v. State, 88-1234
...so. Woods relies upon two cases in support of his position: Williams v. State, 522 So.2d 1022 (Fla. 5th DCA 1988) and Holley v. State, 483 So.2d 854 (Fla. 5th DCA 1986). In Holley we held that if a defendant refused to cooperate or accept probation or community control when that was the rec......