State v. Ross, No. 83-512
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | HURLEY |
| Citation | 447 So.2d 1380 |
| Parties | STATE of Florida, Appellant, v. Claude ROSS, Appellee. |
| Docket Number | No. 83-512 |
| Decision Date | 22 February 1984 |
Page 1380
v.
Claude ROSS, Appellee.
Fourth District.
Rehearing En Banc and Certification of
Importance Denied April 25, 1984.
Page 1381
Jim Smith, Atty. Gen., Tallahassee, and Sharon Lee Stedman, Asst. Atty. Gen., West Palm Beach, for appellant.
Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellee.
HURLEY, Judge.
This appeal concerns the trial court's sentencing authority. Specifically, the question is whether the court may place a defendant on probation and require participation in a drug rehabilitation program pursuant to section 397.12, Florida Statutes (1981), rather than impose a mandatory minimum sentence of incarceration pursuant to section 775.087(2)(a), Florida Statutes (1981). We hold that the mandatory minimum sentencing statute controls and, in this instance, operates to divest the trial court of its discretionary authority to withhold imposition of sentence and place the defendant on probation.
Claude Ross was found guilty of two counts of robbery with a firearm. Additionally, he pled guilty to one count of attempted robbery with a firearm and, thereafter, was adjudicated guilty of all three charges. Despite the express finding that the defendant utilized a firearm during the commission of each offense, the trial court declined to impose mandatory incarceration. Instead, over the state's objection, the court withheld imposition of sentence and placed the defendant on probation for each of the offenses. For the first robbery conviction, the court attached a special condition of probation which required the defendant to participate in a three-year in-patient drug and alcohol rehabilitation program. The second robbery conviction resulted in a fifteen year probationary period which is to run consecutive to the three-year in-patient program. The attempted robbery conviction also resulted in a fifteen year probationary term which is to run consecutive to the three-year in-patient program and concurrent with the other fifteen year term of probation. The state appeals and asserts that all three sentences are illegal.
The trial court relied upon section 397.12, Florida Statutes (1981), which provides that
When any person, including any juvenile, has been charged with or convicted of a violation of any provision of chapter
Page 1382
893, or of a violation of any law committed under the influence of a controlled substance, the court, Department of Health and Rehabilitative Services, Department of Corrections, or Parole and Probation Commission, whichever has jurisdiction over that person may, in its discretion require the person charged or convicted to participate in a drug rehabilitation program licensed by the department under the provisions of this chapter. If referred by the court, said referral may be in lieu of, or in addition to, final adjudication, imposition of any penalty or sentence, or any other similar action. If the accused so desires final adjudication, his...To continue reading
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GEL Corp. v. Dept. of Environmental Protection, No. 5D03-13.
...intent." McKendry v. State, 641 So.2d 45, 46 (Fla. 1994) (citing Sharer v. Hotel Corp. of Am., 144 So.2d 813 (Fla.1962); State v. Ross, 447 So.2d 1380, 1382 (Fla. 4th DCA), review denied, 456 So.2d 1182 (Fla.1984)); see also State v. Parsons, 569 So.2d 437 (Fla.1990). Moreover, "a specific ......
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Scates v. State, No. 78533
...to four-and-a-half-year sentence called for by the sentencing guidelines. See Herrin v. State, 568 So.2d 920 (Fla.1990). 2 State v. Ross, 447 So.2d 1380 (Fla. 4th DCA), review denied, 456 So.2d 1182 (1984), relied on by the court below in its opinion, is distinguishable on the same basis an......
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Gardner v. State, No. 96-3012
...mandatory sentence once a defendant is convicted of certain enumerated felonies." Id. (citations omitted); see also State v. Ross, 447 So.2d 1380, 1382-83 (Fla. 4th DCA 1984)(remanded for resentencing to impose three-year minimum mandatory imprisonment term in light of section 775.087(2)'s ......
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McKendry v. State, No. 81477
...should prevail as the last expression of legislative intent. Sharer v. Hotel Corp. of Am., 144 So.2d 813 (Fla.1962); State v. Ross, 447 So.2d 1380, 1382 (Fla. 4th DCA 1984), review denied, 456 So.2d 1182 (Fla.1984). Section 948.01 was originally enacted in 1941 long before mandatory minimum......
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GEL Corp. v. Dept. of Environmental Protection, No. 5D03-13.
...McKendry v. State, 641 So.2d 45, 46 (Fla. 1994) (citing Sharer v. Hotel Corp. of Am., 144 So.2d 813 (Fla.1962); State v. Ross, 447 So.2d 1380, 1382 (Fla. 4th DCA), review denied, 456 So.2d 1182 (Fla.1984)); see also State v. Parsons, 569 So.2d 437 (Fla.1990). Moreover, "a specific stat......
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Scates v. State, No. 78533
...to four-and-a-half-year sentence called for by the sentencing guidelines. See Herrin v. State, 568 So.2d 920 (Fla.1990). 2 State v. Ross, 447 So.2d 1380 (Fla. 4th DCA), review denied, 456 So.2d 1182 (1984), relied on by the court below in its opinion, is distinguishable on the same basis an......
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Gardner v. State, No. 96-3012
...mandatory sentence once a defendant is convicted of certain enumerated felonies." Id. (citations omitted); see also State v. Ross, 447 So.2d 1380, 1382-83 (Fla. 4th DCA 1984)(remanded for resentencing to impose three-year minimum mandatory imprisonment term in light of section 775.087(......
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McKendry v. State, No. 81477
...should prevail as the last expression of legislative intent. Sharer v. Hotel Corp. of Am., 144 So.2d 813 (Fla.1962); State v. Ross, 447 So.2d 1380, 1382 (Fla. 4th DCA 1984), review denied, 456 So.2d 1182 (Fla.1984). Section 948.01 was originally enacted in 1941 long before mandatory minimum......