State v. Guilford
State v. Guilford
Concurring Opinion
concurring specially.
I agree that our decision in State v. Carder, 625 So.2d 966 (Fla. 5th DCA 1993) mandates that the sentences be reversed. I would certify the same question this court certified in Carder, supra.
Opinion of the Court
The State of Florida, appellant, appeals the sentences imposed against appellees Darryl Shawn Guilford, Gregory Mark Raub, John Howard and Steven M. Armstrong. All of these sentences have been designated as “back-end split sentences.” The State argues that back-end split sentences are illegal and that they constitute a downward departure from the sentencing guidelines without contemporaneously filed written reasons. We agree and affirm the convictions, but reverse and remand for resentencing.
This appellate case involves several cases that have been consolidated for appeal.
The next case which is part of this consolidated appeal is the case of Gregory Mark Raub. On 6 August 1992, Raub was sentenced for a violation of probation and community control. Raub had previously entered pleas and been placed on probation and community control for case no. 84-1888-CFA, trafficking in cocaine and conspiracy to traffic in cocaine;
The trial judge placed Raub on five years habitual offender probation. He was to serve five years probation at a rehabilitation center called Tampa Crossroads Program. He was also sentenced to serve 15 years in the DOC after probation. The trial judge informed him that if he successfully completed probation, then the sentence of 15 years in the DOC would be eliminated. The State timely appeals the sentence as a downward departure without written reasons.
The State next appeals the sentence imposed on appellee John Howard. Howard was charged with possession of cocaine, battery upon a law enforcement officer and obstructing or opposing an officer without violence.
The final case on this consolidated appeal is the case of Steven M. Armstrong. Armstrong was charged in Brevard County case number 92-12816-CFA with grand theft of a motor vehicle.
Each sentence imposed is an illegal sentence. This court has previously held that all sentences must conform to the categories enunciated by the Florida Supreme Court in Poore v. State, 531 So.2d 161 (Fla. 1988). In Ferguson v. State, 594 So.2d 864 (Fla. 5th DCA 1992), disapproved of by Bradley (L.C.) v. State, 631 So.2d 1096 (Fla. 1994), this court held that only the five sentencing alternatives enumerated by the supreme court in Poore would be accepted. The sentences imposed in each of the above cases do not fall within those enumerated sentencing alternatives and are therefore illegal.
Further, the sentences violate Florida Rule of Criminal Procedure 3.701(d)(ll). That rule requires that “any sentence outside the permitted guideline range must be accompanied by a written statement delineating the reasons for the departure.” The trial judge entered no written reasons in any of the above stated cases.
For the reasons stated, all of the sentences imposed are illegal and must be reversed. The question whether the back-end split sentences are downward departures from guideline sentences has previously been certified to the Florida Supreme Court. See State v. Carder, 625 So.2d at 966, (Fla. 5th DCA 1993). This question does not need to be certified again.
AFFIRMED in part; REVERSED in part.
. All of these cases are from Brevard county and Circuit Judge John Dean Moxley imposed each of the sentences. This court has previously dealt with back-end sentences. See State v. Disbrow, 626 So.2d 1123 (Fla. 5th DCA 1993); State v. Carder, 625 So.2d 966 (Fla. 5th DCA 1993).
. §§ 812.13(1) & 812.13(2)(c), Fla.Stat. (1991).
. Count I, § 893.135(l)(b)l, Fla.Stat.; Count II, §§ 893.135(4) & 893.135(1)0)2, Fla.Stat. (1991).
. Counts I and II, § 893.13(1)0)1, Fla.Stat. (1991); Counts III and IV, § 893.13(1)©, Fla. Stat. (1991).
. Count I, § 893.13(1)(a)1, Fla.Stat. (1991); Count II, § 893.13(1)(f) Fla.Stat. (1991).
. Count I, § 893.13(1)© Fla.Stat. (1991); Count II, §§ 784.03, 784.07(1) & 784.07(2)(b), Fla.Stat. (1991); Count III, § 843.02, Fla.Stat. (1991).
. §§ 812.014(1) & 812.014(2)(c)3 Fla.Stat. (1991).
Reference
- Full Case Name
- STATE of Florida v. Darryl Shawn GUILFORD
- Cited By
- 1 case
- Status
- Published