Rease v. State
| Decision Date | 04 September 1986 |
| Docket Number | No. 68069,68069 |
| Citation | 11 Fla. L. Weekly 463,493 So.2d 454 |
| Parties | 11 Fla. L. Weekly 463 Michael REASE, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Michael E. Allen, Public Defender, and P. Douglas Brinkmeyer, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for petitioner.
Jim Smith, Atty. Gen., and Patricia Conners, Asst. Atty. Gen., Tallahassee, for respondent.
This is a petition to review Rease v. State, 478 So.2d 1150 (Fla. 1st DCA 1985), in which the district court certified the following question as being of great public importance:
Whether, when the sentencing guidelines recommend a sentence of life imprisonment, the trial court may sentence a defendant to life imprisonment plus sixty years in prison on other counts, to run consecutive to the life sentence, without stating clear and convincing reasons for departing from the guidelines.
Id. at 1151. We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.
We answer the question in the negative and quash the district court decision. We conclude that the trial court did deviate from the recommended sentence by adding consecutive sentences on other counts arising from the same incident, when those convictions were taken into account in computing the recommended sentence. The trial judge failed to set forth proper reasons for his departure. We adopt and approve the analysis and reasoning of the dissent of Judge Zehmer directed to the specific issue in this case, quash the district court decision, and direct the district court to remand this cause for resentencing.
It is so ordered.
To continue reading
Request your trial
-
Robinson v. State
...of life imprisonment without stating clear and convincing reasons for departure. We find this claim meritorious under Rease v. State, 493 So.2d 454 (Fla.1986). The record indicates that the trial judge did not believe the imposition of consecutive life sentences was a departure. Accordingly......
-
Kelly v. State, 88-350
...erred by imposing a departure sentence of three consecutive life terms without providing written reasons for the departure. Rease v. State, 493 So.2d 454 (Fla.1986); Kibler v. State, 501 So.2d 76 (Fla. 5th DCA 1987). Upon remand, the trial court must provide written reasons should it choose......
-
Dow v. State
...terms of imprisonment. These sentences represent departures from the recommended guidelines sentence of life imprisonment. Rease v. State, 493 So.2d 454 (Fla.1986); Speights v. State, 495 So.2d 882 (Fla. 2d DCA), review denied, 501 So.2d 1283 (Fla.1986). Because the trial court did not real......
-
Kibler v. State, 86-876
...showed a total of 852 points, with the appropriate guideline sentence being life imprisonment. The Florida Supreme Court in Rease v. State, 493 So.2d 454 (Fla.1986), has recently ruled that a deviation from the guidelines occurs when the recommended sentence is life imprisonment, and the tr......