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Tarver v. State

529 So. 2d 1274, 13 Fla. L. Weekly 1985, 1988 Fla. App. LEXIS 3756, 1988 WL 86869
CourtDistrict Court of Appeal of Florida
DecidedAugust 25, 1988
DocketNo. 87-1947
StatusPublished

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

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.

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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)

Cite This Page — Counsel Stack

Bluebook (online)
529 So. 2d 1274, 13 Fla. L. Weekly 1985, 1988 Fla. App. LEXIS 3756, 1988 WL 86869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tarver-v-state-fladistctapp-1988.