CHRISTOPHER MAROTTO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
CHRISTOPHER MAROTTO, APPELLANT,
STATE OF FLORIDA, APPELLEE
674 So. 2d 215
Florida District Court of Appeal, Fourth District (1996)
Positive Treatment
Cited by 2 cases
Topics
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Opinion of the Court
PER CURIAM.
After pleading guilty to strong-arm robbery, appellant, a juvenile, was sentenced to ninety days in jail, two years community control, and two years probation. The court did not give written reasons in this nonstate prison sentence. We agree, for the reasons expressed in Simmons v. State, 668 So. 2d 654 (Fla. 1st DCA 1996), that this is a departure sentence requiring written reasons under State v. Davis, 630 So. 2d 1059 (Fla.1994).
In reversing, the Simmons court certified the question, explaining:
We recognize, however, that the language in Davis, supra, involving “any nonstate sanction” is not used in the 1994 guidelines. The 1994 guidelines provide that “if the total sentence points are less than or equal to 40, the recommended sentence shall not be prison ...” § 921.0014(1), Fla.Stat. (1993) We therefore, certify the following question:
IS THE RULE IN DAVIS V. STATE, 630 So. 2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NONSTATE PRISON SANCTIONS, APPLICABLE UNDER THE 1994 SENTENCING GUIDELINES?
Simmons, 668 So. 2d at 656.
We reverse and certify the same question.
KLEIN, PARIENTE and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miller v. State, 683 So. 2d 600 (Fla. 2d DCA 1996)…strict Courts of Appeal that under the 1994 guidelines, a combination of nonstate prison sanctions may not create a departure sentence. See Simmons v. State, 668 So. 2d 654 (Fla. 1st DCA), review granted, 676 So. 2d 414 (Fla.1996); Marotto v. State, 674 So. 2d 215 (Fla. 4th DCA 1996). Therefore, as did our sister courts, we certify the following question to the Florida Supreme Court: IS THE RULE IN STATE v. DAVIS, 630 So. 2d 1059 (Fla.1994), REQUIRING WRITTEN REASONS FOR DEPARTURE WHEN COMBINING NON-STATE PR…
Authorities Cited
- State v. Davis, 630 So. 2d 1059 (Fla. 1994)
- Antrone Lamont Simmons v. State, 668 So. 2d 654 (Fla. 1st DCA 1996)