Bowker v. State
Bowker v. State
Opinion of the Court
AFFIRMED.
Concurring Opinion
concurring specially.
Bowker pled guilty to burglary of a conveyance
The Anders brief filed in this case on Bowker’s behalf takes the position that we lack jurisdiction to hear this appeal pursuant to Florida Rule of Appellate Procedure 9.140(b) and Robinson v. State, 373 So.2d 898 (Fla. 1979). That concession is erroneous. We have jurisdiction to review all sentences rendered in guidelines cases, without regard to whether the defendant pled guilty or nolo contendere. Key v. State, 452 So.2d 1147 (Fla. 5th DCA), rev. denied, 459 So.2d 1041 (Fla. 1984).
I agree the sentence in this case should be affirmed. In my view, probation, when not coupled with a state prison term, is not limited as to its length under the guidelines. See Committee Note to Fla.R.Crim.P. 3.701(d)(8).
. §§ 810.02(1) & (3), Fla.Stat. (1983).
. § 812.014(l)(c), Fla.Stat. (1983).
. The Committee Note to Florida Rule of Criminal Procedure 3.701(d)(8), provides, in pertinent part, "The first guideline cell in each category (any nonstate prison sanction) allows the court the flexibility to impose any lawful term of probation with or without a period of incarceration, a county jail term alone or any nonincar-cerative disposition. The presumptive sentences in the succeeding grids refer to commitments to state prison."
The recent change of this committee note, In Re Amendment to Rules of Criminal Procedure, 451 So.2d 824 (Fla. 1984) left this language unaffected.
Reference
- Full Case Name
- Frederick E. BOWKER v. STATE of Florida
- Cited By
- 1 case
- Status
- Published