Bentley v. State

District Court of Appeal of Florida

Bentley v. State

477 So. 2d 58, 10 Fla. L. Weekly 2405, 1985 Fla. App. LEXIS 16436

CourtDistrict Court of Appeal of Florida

DecidedOctober 24, 1985

DocketNo. 85-152

StatusPublished

Cited by3 cases

This text of 477 So. 2d 58 (Bentley 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

Bentley v. State, 477 So. 2d 58, 10 Fla. L. Weekly 2405, 1985 Fla. App. LEXIS 16436 (Fla. Ct. App. 1985).

Pincite

Opinion

COBB, Chief Judge.

Bentley appeals the imposition of two consecutive life sentences for his conviction in two companion cases of armed robbery. Based upon a score sheet total of 676 points, which included 17 prior convictions, the recommended guidelines sentence was life. The trial judge departed from the guidelines sentence and imposed consecutive terms of life imprisonment for the two armed robberies. The trial court gave as its reason:

The defendant has seventeen prior felony convictions. As late as 1979 he received thirty years as an habitual offender. Since then he has received two armed robbery convictions. He should not be released from prison.

The Florida Supreme Court has held in the recent case of Hendrix v. State, 475 So.2d 1218 (Fla.1985), that it is not proper for a trial court to depart from the guidelines based upon the defendant’s prior criminal record. Therefore, we reverse and remand with instructions to the trial court to enter concurrent terms of life imprisonment. At this point in time, of course, the distinction between concurrent and consecutive life sentences is academic.

REVERSED and REMANDED.

ORFINGER and UPCHURCH, JJ., concur.

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