Rogers v. State

District Court of Appeal of Florida

Rogers v. State

730 So. 2d 716, 1999 Fla. App. LEXIS 665, 1999 WL 30673

CourtDistrict Court of Appeal of Florida

DecidedJanuary 27, 1999

DocketNo. 98-0635

StatusPublished

Cited by1 cases

This text of 730 So. 2d 716 (Rogers 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.

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Rogers v. State, 730 So. 2d 716, 1999 Fla. App. LEXIS 665, 1999 WL 30673 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

This is an appeal from a conviction and sentence for attempted first degree murder (Count I) and attempted second degree murder with a firearm (Count II). Although we find no merit in Rogers’ numerous challenges to his conviction, we agree with his assertion that the trial court imposed a departure sentence without written reasons.

Rogers was sentenced to twenty-five years for Count I and seventeen years for Count II, for a total of forty-two years. When a defendant is convicted of multiple offenses, a trial court should impose a separate sentence for each offense. The total sentence, however, cannot exceed the total guideline sentence unless a written reason is given for the departure. See Fla. R.Crim. P. 3.701(d)(12). Rogers’ guideline sentencing range was seventeen to forty years; the State concedes that the forty-two year sentence which the trial court imposed amounted to a departure sentence without written reasons and was error. Accordingly, we vacate the sentence and remand for re-sentencing within the guidelines.

Affirmed in part, reversed in part and remanded.

STONE, C.J., DELL and STEVENSON, jj.} concur.

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PER CURIAM.

This is an appeal from a conviction and sentence for attempted first degree murder (Count I) and attempted second degree murder with a firearm (Count II). Although we find no merit in Rogers’ numerous challenges to his conviction, we agree with his assertion that the trial court imposed a departure sentence without written reasons.

Rogers was sentenced to twenty-five years for Count I and seventeen years for Count II, for a total of forty-two years. When a defendant is convicted of multiple offenses, a trial court should impose a separate sentence for each offense. The total sentence, however, cannot exceed the total guideline sentence unless a written reason is given for the departure. See Fla. R.Crim. P. 3.701(d)(12). Rogers’ guideline sentencing range was seventeen to forty years; the State concedes that the forty-two year sentence which the trial court imposed amounted to a departure sentence without written reasons and was error. Accordingly, we vacate the sentence and remand for re-sentencing within the guidelines.

Affirmed in part, reversed in part and remanded.

STONE, C.J., DELL and STEVENSON, jj.} concur.

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730 So. 2d 716, 1999 Fla. App. LEXIS 665, 1999 WL 30673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-state-fladistctapp-1999.

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