Eversole v. State
Eversole v. State
Opinion of the Court
Eversole appeals from his sentence after he pled no contest to one count of sexual
In view of this court’s decisions in Santoro v. State, 644 So.2d 585 (Fla. 5th DCA 1994) and Thompson v. State, 638 So.2d 116 (Fla. 5th DCA 1994), rev. granted, 649 So.2d 234 (Fla. 1994), we conclude error occurred in sentencing Eversole in this case. Accordingly, we reverse the sentence and remand for resentencing. The trial court may sentence as it deems appropriate consistent with the sentencing guidelines, or it may impose an habitual felony offender sentence, so long as it gives Eversole an opportunity to withdraw his plea and proceed to trial. At resentencing, the court should either sentence Eversole within the guidelines (including a departure sentence) or as an habitual offender if the court believes a greater sentence is justified, so long as it advises him of its intent to impose an habitual offender sentence, and permit him to either accept the greater sentence or withdraw his plea and proceed to trial. In addition we note the imposition of a $120.00 fee to First Step as a special condition of probation was erroneous and should not be imposed on remand.
Sentence VACATED; REMANDED FOR RESENTENCING.
. Although this sentence falls within both the permitted (7-17 years) and recommended (9-12 years) guideline ranges, habitualization also re-suits in the ineligibility for basic gain time and the central release of prisoners program. § 775.084(4)(e).
Dissenting Opinion
dissenting.
I agree that Santoro controls and, as I did in Santoro, I dissent.
Reference
- Full Case Name
- Richard EVERSOLE v. STATE of Florida
- Cited By
- 1 case
- Status
- Published