Home/District Court of Appeal of Florida/Tarver v. State

Tarver v. State

529 So. 2d 1274, 13 Fla. L. Weekly 1985, 1988 Fla. App. LEXIS 3756, 1988 WL 86869
Procedural entryThis page is a short order in Tarver v. State. Read the opinion of the Court — 571 So. 2d 98 →
District Court of Appeal of Florida·Decided August 25, 1988·No. No. 87-1947·Published

Opinions

PER CURIAM.

The defendant’s recommended guideline sentence was “community control or 12-30 [1275]*1275months incarceration.” The sentence pronounced and imposed was commitment to prison “for a term of 8 years” with a proviso that “after serving a period of 2V2 years imprisonment in DOC the balance of such sentence shall be suspended and the defendant shall be placed on probation for a period of 5 years....” No reasons were given to support a departure sentence. The issue is whether this is a departure sentence.

This case is substantially the same as McKee v. State, 528 So.2d 417 (Fla. 5th DCA 1988) and Carr v. State, 528 So.2d 406 (Fla. 5th DCA 1988), and, on the authority of those cases, the sentence in this case is held to not depart from the guideline recommendation and is

AFFIRMED.

SHARP, C.J., and DANIEL, J., concur. COWART, J., dissents with opinion.

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

Tarver v. State, 529 So. 2d 1274, 13 Fla. L. Weekly 1985, 1988 Fla. App. LEXIS 3756, 1988 WL 86869 (Fla. Ct. App. 1988).

529 So. 2d 1274 (Tarver v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Hankey v. State
529 So. 2d 736 (District Court of Appeal of Florida, 1988)
Carr v. State
528 So. 2d 406 (District Court of Appeal of Florida, 1988)
McKee v. State
528 So. 2d 417 (District Court of Appeal of Florida, 1988)