State v. Brendell, 94-1749
| Citation | 656 So.2d 594 |
| Decision Date | 23 June 1995 |
| Docket Number | No. 94-1749,94-1749 |
| Parties | 20 Fla. L. Weekly D1470 STATE of Florida, Appellant, v. Tammy BRENDELL, Appellee. |
| Court | Court of Appeal of Florida (US) |
Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann M. Childs, Asst. Atty. Gen., Daytona Beach, for appellant.
James B. Gibson, Public Defender, and Nancy Ryan, Asst. Public Defender, Daytona Beach, for appellee.
This is an appeal from a sentence.
Appellant was convicted of robbery with a firearm and sentenced to a suspended seven-year term in prison, with the proviso that if she successfully completes two years community control and five years probation she would not have to go to prison.
We vacate the sentence and remand this case for a proper guideline sentence. First, she must be given the three-year mandatory minimum incarceration for the use of a firearm. See Sec. 775.087(2)(a)1., Fla.Stat. (1993); State v. Ross, 447 So.2d 1380 (Fla. 4th DCA), rev. den., 456 So.2d 1182 (Fla.1984). See also State v. McKendry, 614 So.2d 1158 (Fla. 4th DCA), rev. granted, 624 So.2d 267 (Fla.1993), approved, 641 So.2d 45 (Fla.1994). Second, the innovative sentence is violative of Poore v. State, 531 So.2d 161 (Fla.1988), State v. Conte, 650 So.2d 192 (Fla. 5th DCA 1995) and State v. Manning, 605 So.2d 508 (Fla. 5th DCA 1992). Third, the reasons for downward departure are ambiguous. See Knowles v. State, 654 So.2d 592 (Fla. 1st DCA 1995); Cookston v. State, 639 So.2d 100 (Fla. 5th DCA), rev. den., 649 So.2d 232 (Fla.1994).
Sentence VACATED; REMANDED for resentencing and clarification.
To continue reading
Request your trial
-
Dunbar v. State
...3d DCA 2008); State v. Couch, 896 So.2d 799 (Fla. 1st DCA 2005); State v. Strazdins, 890 So.2d 334 (Fla. 2d DCA 2004); State v. Brendell, 656 So.2d 594 (Fla. 5th DCA 1995). In fact, the parties agree that defendants may receive increased sentences under that procedural framework without a v......
-
Gardner v. State, 96-3012
...where jury found that defendant used firearm in commission of assault), dismissed, 657 So.2d 1162 (Fla.1995); State v. Brendell, 656 So.2d 594, 594-95 (Fla. 5th DCA 1995)(vacating sentence and remanding for resentencing to include three-year minimum mandatory where defendant convicted of ro......
-
Dunbar v. State Of Fla.
...659 (Fla. 2d DCA 2008); State v. Couch, 896 So.2d at 799; State v. CalzadaPadron, 708 So.2d 287 (Fla. 2d DCA 1996); State v. Brendell, 656 So.2d 594 (Fla. 5th DCA 1995); State v. Boykins, 647 So.2d 891 (Fla. 2d DCA 1994); State v. Ross, 447 So.2d 1380 (Fla. 4th DCA 1984). In Allen v. State,......
-
Gray v. State, 5D05-3162.
...sentence is required and is not discretionary. See, e.g., Gardner v. State, 699 So.2d 798 (Fla. 4th DCA 1997); State v. Brendell, 656 So.2d 594 (Fla. 5th DCA 1995). However, these cases are distinguishable, because the minimum mandatory term for drug trafficking may be waived by the state. ......