Vickers v. State, 85-1464

• Decision Date: 26 June 1986
• Docket Number: No. 85-1464,85-1464
• Citation: Vickers v. State, 490 So.2d 231, 11 Fla. L. Weekly 1430 (Fla. App. 1986)
• Parties: 11 Fla. L. Weekly 1430 Douglas Gray VICKERS, Jr., Appellant, v. STATE of Florida, Appellee.
• Court: Florida District Court of Appeals

Page 231

490 So.2d 231

11 Fla. L. Weekly 1430

Douglas Gray VICKERS, Jr., Appellant, v.STATE of Florida, Appellee.

No. 85-1464.

District Court of Appeal of Florida Fifth District.

June 26, 1986.

James B. Gibson, Public Defender, and Michael S. Becker, Asst. Public Defender, Daytona Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Margene A. Roper, Asst. Atty. Gen., Daytona Beach, for appellee.

ORFINGER, Judge.

This is another appeal from a guidelines departure sentence.

Defendant was on probation when he committed several other crimes.After accepting defendant's negotiated guilty plea to the probation violation as well as to certain of the later charges, the trial court departed from the recommended sentence of community control or 12-30 months' incarceration and sentenced appellant to concurrent sentences of 4 1/2 years, a two cell increase.The written reason for departure was:

Violation of Probation; defendant's drug problem which hasn't been treated and time provided in 2nd cell is not sufficient for treatment.

Because of the revocation of probation, the trial court could have increased the presumptive sentence by one cell without stating reasons for departure, Fla.R.Crim.P. 3.701 d.14, but for an increase beyond that, other clear and convincing reasons are required.Boldes v. State, 475 So.2d 1356(Fla. 5th DCA1985).We have previously held that a defendant's drug problem is an insufficient reason for an upward departure because "there is no logical correlation between appellant's need for medical treatment and an extended term of imprisonment in the state...