Hosmer v. State, No. BQ-465
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | JOANOS |
| Citation | 523 So.2d 184,13 Fla. L. Weekly 876 |
| Parties | 13 Fla. L. Weekly 876 Thomas HOSMER, Appellant, v. STATE of Florida, Appellee. |
| Docket Number | No. BQ-465 |
| Decision Date | 07 April 1988 |
Page 184
v.
STATE of Florida, Appellee.
First District.
Page 185
Michael E. Allen, Public Defender and Kenneth L. Hosford, Sp. Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and Elizabeth A. Masters, Asst. Atty. Gen., Tallahassee, for appellee.
JOANOS, Judge.
Pursuant to a negotiated plea, appellant was sentenced to six months incarceration in state prison, to be followed by two years on community control. The recommended guideline sentence was any nonstate prison sanction. The plea bargain included a one cell increase in the recommended sentencing range. The issue on appeal is whether, upon violation of community control, the trial court must use the original offense range as the starting point when applying the one cell increase allowed under Florida Rule of Criminal Procedure 3.701(d)(14), for violation of probation or community control. We reverse and remand for resentencing.
Appellant served the six month sentence. Thereafter, he violated his community control. A new scoresheet was prepared which, with the Rule 3.701(d)(14) 1 one cell increase for violation of probation or community control, indicated a recommended sentencing range of community control or twelve to thirty months incarceration. The trial court determined that the negotiated plea placed appellant one step up from the primary offense sentencing range, for all subsequent purposes. Accordingly, the trial court sentenced appellant pursuant to the plea bargain sentencing range, which constituted a one cell increase from the community control violation, but a two cell increase from the primary offense at conviction.
On appeal, appellant does not challenge the original plea bargain. However, he maintains that his agreement to the plea bargain cannot be taken as authority for the trial court to impose an illegal sentence. The state contends that appellant negotiated an above guidelines sentence, thereby making his sentence to community control lawful. Therefore, the state maintains the trial court acted within its discretion in sentencing appellant one cell higher than the community control sentencing range, when he violated community control.
It is well settled that a plea bargain constitutes a valid reason for a guideline departure sentence. Holland v. State, 508
Page 186
So.2d 5 (Fla.1987); Smith v. State, 519 So.2d 731 (Fla. 1st DCA 1988); Denmark v. State, 519 So.2d 20 (Fla. 1st DCA 1987); Marrow v. State, 518 So.2d 479 (Fla. 1st DCA 1988); Lawson v. State, 497 So.2d 288 (Fla. 1st DCA 1986); Quarterman v. State, 506 So.2d 50 (Fla. 2d DCA 1987); Bass v. State, 496 So.2d 880 (Fla. 2d DCA 1986); Key v. State, 452 So.2d 1147 (Fla. 5th DCA), pet. for review denied, 459 So.2d 1041 (Fla.1984). To be sustained, however, a plea bargain which constitutes a departure must be lawful at...To continue reading
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Sellers v. State, 90-2367
...DCA 1990); Washington v. State, 564 So.2d 168 (Fla. 5th DCA 1990); Denegal v. State, 562 So.2d 828 (Fla. 5th DCA 1990); Hosmer v. State, 523 So.2d 184 (Fla. 1st DCA 1988); Lockett v. State, 516 So.2d 46, 47 (Fla. 4th DCA 1987). We reject this Finally, Sellers contends that the trial court e......
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Daniels v. State, 2D02-5762.
...of a departure sentence upon revocation. McGlothlin v. State, 714 So.2d 640, 641 (Fla. 4th DCA 1998) (following Hosmer v. State, 523 So.2d 184 (Fla. 1st DCA 1988)); see Wardlaw, 832 So.2d at 259 (reaching the same result when the original sentence was not an upward departure); Lawrence v. S......
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Lewis v. State, 3D05-223.
...a departure sentence." Maddox v. State, 760 So.2d 89 (Fla.2000). See also Holland v. State, 508 So.2d 5 (Fla.1987); Hosmer v. State, 523 So.2d 184 (Fla. 1st DCA 1988); Smith v. State, 519 So.2d 731 (Fla. 1st DCA 1988); Bass v. State, 496 So.2d 880 (Fla. 2d DCA 1986). Thus, we find that the ......
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McGlothlin v. State, 97-2096
...reason stated by the trial court for appellant's departure sentence was the underlying "uncoerced plea agreement." In Hosmer v. State, 523 So.2d 184, 185 (Fla. 1st DCA 1988), the court concluded that ordinarily a plea bargain constitutes a valid reason for a guidelines departure sentence. H......