State v. Frazier

District Court of Appeal of Florida

State v. Frazier

752 So. 2d 614, 1999 Fla. App. LEXIS 2689, 1999 WL 129275

CourtDistrict Court of Appeal of Florida

DecidedMarch 12, 1999

DocketNo. 98-530

StatusPublished

This text of 752 So. 2d 614 (State v. Frazier) 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

State v. Frazier, 752 So. 2d 614, 1999 Fla. App. LEXIS 2689, 1999 WL 129275 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

The State of Florida appeals the downward departure sentence entered by the trial court after Joe Frazier was adjudicated guilty of violating his community control. We reverse.

As the basis for imposing a departure sentence, the trial court determined that the state had agreed to the imposition of a downward departure sentence when Mr. Frazier was originally sentenced on the underlying crime of burglary. Specifically, when Mr. Frazier was originally sentenced, the state had agreed to a negotiated sentence of one year community control followed by one year probation, stipulating that if this negotiated sentence constituted a downward departure, then the state would not object to the departure. However, when the sentencing guidelines scoresheet was later calculated, it became apparent that the negotiated sentence was a guidelines sentence and not a downward departure sentence. Thus, upon violation of his community control, Mr. Frazier was required to receive a guidelines sentence. Cf. State v. Devine, 512 So.2d 1163 (Fla. 4th DCA), rev. denied, 519 So.2d 988 (Fla.1987). Accordingly, we must vacate the sentence and remand for resentencing.

JUDGMENT AFFIRMED; SENTENCE VACATED and CAUSE REMANDED.

GRIFFIN, C.J., THOMPSON and ANTOON, JJ., concur.

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PER CURIAM.

The State of Florida appeals the downward departure sentence entered by the trial court after Joe Frazier was adjudicated guilty of violating his community control. We reverse.

As the basis for imposing a departure sentence, the trial court determined that the state had agreed to the imposition of a downward departure sentence when Mr. Frazier was originally sentenced on the underlying crime of burglary. Specifically, when Mr. Frazier was originally sentenced, the state had agreed to a negotiated sentence of one year community control followed by one year probation, stipulating that if this negotiated sentence constituted a downward departure, then the state would not object to the departure. However, when the sentencing guidelines scoresheet was later calculated, it became apparent that the negotiated sentence was a guidelines sentence and not a downward departure sentence. Thus, upon violation of his community control, Mr. Frazier was required to receive a guidelines sentence. Cf. State v. Devine, 512 So.2d 1163 (Fla. 4th DCA), rev. denied, 519 So.2d 988 (Fla.1987). Accordingly, we must vacate the sentence and remand for resentencing.

JUDGMENT AFFIRMED; SENTENCE VACATED and CAUSE REMANDED.

GRIFFIN, C.J., THOMPSON and ANTOON, JJ., concur.

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Bluebook (online)

752 So. 2d 614, 1999 Fla. App. LEXIS 2689, 1999 WL 129275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-frazier-fladistctapp-1999.

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