Jones v. State, 87-1144
| Decision Date | 30 December 1987 |
| Docket Number | No. 87-1144,87-1144 |
| Citation | 13 Fla. L. Weekly 114,517 So.2d 121 |
| Parties | 13 Fla. L. Weekly 114 Stingray JONES, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender and Jeffrey L. Anderson, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Jr., Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant Stingray Jones was convicted of grand theft, a third degree felony under § 812.014(1)(b), Florida Statutes. Appellant's original sentence was reversed and the case was remanded for resentencing. Jones v. State, 501 So.2d 178 (Fla. 4th DCA 1987). Upon resentencing, appellant was sentenced to ten years in prison, with credit for time served. The maximum statutory penalty under § 775.082(3)(d), Florida Statutes, is five years. The recommended guidelines sentence was two and one half to three and one half years. The trial court gave the following written reasons for departure from the guidelines:
1. The Defendant committed the instant offense only eight days after being released from his third separate prison commitment. The Court finds that this reason standing alone would be sufficient to depart to the maximum period allowed by law as extended by the habitual offender statute.
2. The Defendant's behavior demonstrates a continuing and escalating pattern of criminal conduct. Since the Defendant was placed on probation he has been convicted of three additional grand thefts which could not be scored under the guidelines.
Appellant timely appealed his sentence, claiming it is invalid under Whitehead v. State, 498 So.2d 863 (Fla.1986).
We find the trial court's written reasons are valid reasons to aggravate. See Williams v. State, 504 So.2d 392, 393 (Fla.1987); Jones v. State, 501 So.2d 178, 179 (Fla. 4th DCA 1987). We have recently held that despite Whitehead, it is appropriate for a trial court to resort to the habitual offender statute to enhance defendant's sentence beyond the statutory maximum as long as it remains within the recommended guidelines range. King v. State, 511 So.2d 1131 (Fla. 4th DCA 1987). See also Priester v. State, 513 So.2d 796 (Fla. 4th DCA 1987). The remaining issue is whether the trial court improperly used the habitual offender statute to enhance appellant's sentence beyond both the statutory penalty and the recommended guidelines range. A similar sentence was recently upheld by this court in McMillan v. State, 516 So.2d 1064 (Fla. 4th DCA 1987), citing Hall v. State, 511 So.2d 1038 (Fla. 1st DCA 1987), Holmes v. State, 502 So.2d 1302 (Fla. 1st DCA 1987), and Hester v. State, 503 So.2d 1342 (Fla. 1st DCA 1987). But see Kersey v. State, 515 So.2d 261 (Fla. 5th DCA 1987). Accordingly, we affirm and certify the...
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Robinson v. State, 87-0562
...34 (Fla. 2d DCA 1987); Ashley v. State, 510 So.2d 970 (Fla. 5th DCA), rev. denied, 519 So.2d 986 (Fla.1987). Also cf. Jones v. State, 517 So.2d 121 (Fla. 4th DCA 1987); Larry v. State, 527 So.2d 883 (Fla. 1st DCA 1988); Stubbs v. State, 522 So.2d 444 (Fla. 1st DCA We recognize that an earli......
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Jones v. State
...and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for respondent. OVERTON, Justice. This is a petition to review Jones v. State, 517 So.2d 121 (Fla. 4th DCA 1987), in which the district court approved a departure sentence enhanced by the habitual offender statute and based on grounds t......