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Florida District Courts of Appeal, 1999

Stoltzfus v. State

Stoltzfus v. State
Florida District Courts of Appeal · Decided May 28, 1999 · Antoon, Sharp, Thompson
735 So. 2d 549; 1999 Fla. App. LEXIS 6855; 1999 WL 350628 (Southern Reporter, Second Series)

Stoltzfus v. State

Opinion of the Court

THOMPSON, J.

We have reviewed the record and the points on appeal and find no reversible error. We write to point out that a life sentence imposed pursuant to section 921.0014(2) is not a departure sentence in support of which there must be written reasons. Such a sentence is not a departure since a plain reading of the statute authorizes the court to impose a life sentence if the defendant scores 368 or more sentencing points. Kalapp v. State, 729 So.2d 987, 24 Fla. L. Weekly D815 (Fla. 5th DCA 1999).

AFFIRMED.

W. SHARP and ANTOON, JJ., concur.

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