Baca v. State

District Court of Appeal of Florida

Baca v. State

554 So. 2d 27, 1989 Fla. App. LEXIS 7368, 1989 WL 156217

CourtDistrict Court of Appeal of Florida

DecidedDecember 27, 1989

DocketNo. 87-02739

StatusPublished

This text of 554 So. 2d 27 (Baca v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baca v. State, 554 So. 2d 27, 1989 Fla. App. LEXIS 7368, 1989 WL 156217 (Fla. Ct. App. 1989).

Pincite

Opinion

FRANK, Acting Chief Judge.

Jesus Baca, who agreed to plead nolo contendere to attempted murder in the first degree, robbery with a firearm, aggravated battery, and possession of a firearm during a felony, has appealed the sentence imposed. We find that the negotiated plea, entered into knowingly, voluntarily, and intelligently, provides a valid basis for the guideline departure sentence of forty years. Smith v. State, 529 So.2d 1106 (Fla.1988).

Baca’s contention, however, that he could not validly be sentenced for both robbery with a firearm and possession of a firearm during a felony does have merit. Hall v. State, 517 So.2d 678 (Fla.1988).

Accordingly, the concurrent fifteen year sentence imposed on Count IV, violation of section 790.07(2), Florida Statutes (1987), is vacated.

PATTERSON and ALTENBERND, JJ., concur.

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