Wright v. State, 85-740
| Decision Date | 14 February 1986 |
| Docket Number | No. 85-740,85-740 |
| Citation | 11 Fla. L. Weekly 1531,491 So.2d 283 |
| Parties | 11 Fla. L. Weekly 1531, 11 Fla. L. Weekly 418 James David WRIGHT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
James Marion Moorman, Public Defender and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee and Michael J. Kotler, Asst. Atty. Gen., Tampa, for appellee.
James David Wright appeals his sentence of seven years imprisonment. We reverse and remand for resentencing.
The state charged appellant with possession of a firearm by a convicted felon. Appellant pleaded guilty. The court adjudicated him guilty and placed him on fifteen years probation with the special condition that he pay the sheriff's office $500.00 within six months. Subsequently, appellant's probation officer executed an affidavit alleging that appellant had failed to report to his office as required, failed to pay his supervision fees, failed to pay the $500.00, and failed to obtain permission to change residences before changing his address.
According to the police booking report, when the police arrested appellant for violation of probation, appellant denied he was James Wright. He produced a social security card and a birth registration card which identified him as Ronnie Wright. After the police brought appellant to the police station, he admitted that he was, in fact, James Wright and had used the false identification. The booking report listed the charges against appellant as violation of probation and obstruction by false information.
Appellant pleaded guilty to violation of probation and elected to be sentenced under the guidelines. During the hearing, appellant told the court that he had previously pleaded guilty to the misdemeanor charge of obstruction by false information, and the court had sentenced him to ten days.
Under the guidelines, appellant's recommended sentence was within the two and one-half to three and one-half-year range after being raised one category for violation of probation. The court revoked appellant's probation and announced it intended to sentence appellant to a term of imprisonment which would exceed the time recommended by the guidelines. Thereafter, the trial judge imposed a sentence of seven years imprisonment. The court's written reasons for departure were that "defendant absconded from supervision and changed his name in an effort to avoid detection and apprehension."
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