528 So. 2d 1219 | Fla. Dist. Ct. App. | 1988
Dissenting Opinion
dissenting.
The defendant was convicted of robbery while carrying a weapon (§ 812.13(2)(b), Fla.Stat.), a felony of the first degree punishable under section 775.082(3)(b), Florida Statutes, by a term of imprisonment not exceeding 30 years. The defendant’s guidelines scoresheet resulted in 233 points, indicating a recommended guidelines sentence of 12-17 years.
The sentence pronounced was:
The Defendant is hereby committed to the custody of the Department of Corrections ... for a term of 27 years DOC (split sentence). However, after serving a portion of 17 years imprisonment in DOC the balance of such sentence shall be suspended and the Defendant shall be placed on probation for a period of 10 years under supervision of the Department of Corrections according to the terms and conditions of probation set forth in a separate order entered herein.1
. IT IS THE SENTENCE OF THE LAW that;
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. See generally Poore v. State, 503 So.2d 1282 (Fla. 5th DCA 1987), receded from in part, Franklin v. State, 13 F.L.W. 1269 (Fla. 5th DCA May 24, 1988), rev. granted, No. 70,397 (Poore v. State) (Fla. July 22, 1987); Wilson v. State, 515 So.2d 254 (Fla. 5th DCA 1987).
. § 948.01 When court may place defendant on probation or Into community control.— (8) Whenever punishment by imprisonment for a misdemeanor or a felony, except for a capital felony, is prescribed, the court, in its discretion, may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation or, with respect to any such felony, into community control upon completion of any specified period of such sentence which may include a term of years or less. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation or into community control after serving such period as may be imposed by the court. The period of probation or community control shall commence immediately upon the release of the defendant from incarceration, whether by parole or gain-time allowances.
.See Kelly v. State, 508 So.2d 788 (Fla. 5th DCA 1987).
Lead Opinion
AFFIRMED on the authority of Franklin v. State, 526 So.2d 159 (Fla. 5th DCA 1988) and McKinley v. State, 519 So.2d 1154 (Fla. 5th DCA 1988).