Goff v. State
Goff v. State
Opinion of the Court
Vernon H. Goff was charged with conspiracy to traffic in 10,000 pounds or more
Goff correctly points out that the appropriate guidelines sentence is the statutory fifteen-year minimum mandatory prison sentence as provided in section 893.135, Florida Statutes (1985). Florida Rule of Criminal Procedure 3.701(d)(9) provides “[i]f the recommended sentence is less than the mandatory penalty, the mandatory sentence takes precedence.” Therefore, the court erred in imposing the twenty-five year sentence without written reasons for departure. Fla.R.Crim.P. 3.701(d)(ll); State v. Whitfield, 487 So.2d 1045 (Fla. 1986). We vacate the prison sentence and remand with directions to impose the minimum mandatory sentence of fifteen years. It is not necessary for the defendant to be present for resentencing.
We have carefully considered Goff’s remaining points on appeal and find that they are without merit. We therefore affirm his conviction but remand for resentencing.
Affirmed in part, remanded in part.
Reference
- Full Case Name
- Vernon H. GOFF v. STATE of Florida
- Cited By
- 1 case
- Status
- Published