Blake v. State

District Court of Appeal of Florida

Blake v. State

622 So. 2d 633, 1993 Fla. App. LEXIS 8495, 1993 WL 310807

CourtDistrict Court of Appeal of Florida

DecidedAugust 17, 1993

DocketNo. 93-558

StatusPublished

This text of 622 So. 2d 633 (Blake 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

Blake v. State, 622 So. 2d 633, 1993 Fla. App. LEXIS 8495, 1993 WL 310807 (Fla. Ct. App. 1993).

Pincite

Opinion

PER CURIAM.

Reviewing the record and considering the state’s confession of error, we vacate the sentence under review and remand for re-sentencing within the sentencing guidelines. The fact that the defendant, after entering into a written plea agreement, requested jail time rather than community control, did not constitute a valid basis for departure from the guidelines. See Tirado v. State, 583 So.2d 730 (Fla. 3d DCA 1991). At no time did defendant waive her right to be sentenced under the guidelines, thus distinguishing this case from Turner v. State, 611 So.2d 1363 (Fla. 5th DCA 1993). Accordingly, the court erred by imposing a departure sentence of five years incarceration instead of the 22-month maximum incarceration allowed under the guidelines.

Sentence vacated and cause remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Reviewing the record and considering the state’s confession of error, we vacate the sentence under review and remand for re-sentencing within the sentencing guidelines. The fact that the defendant, after entering into a written plea agreement, requested jail time rather than community control, did not constitute a valid basis for departure from the guidelines. See Tirado v. State, 583 So.2d 730 (Fla. 3d DCA 1991). At no time did defendant waive her right to be sentenced under the guidelines, thus distinguishing this case from Turner v. State, 611 So.2d 1363 (Fla. 5th DCA 1993). Accordingly, the court erred by imposing a departure sentence of five years incarceration instead of the 22-month maximum incarceration allowed under the guidelines.

Sentence vacated and cause remanded.

Cite This Page — Counsel Stack

Bluebook (online)

622 So. 2d 633, 1993 Fla. App. LEXIS 8495, 1993 WL 310807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blake-v-state-fladistctapp-1993.

Opinion

Related

Cite This Page — Counsel Stack