ROBERT STOLTZFUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1999-05-28
No. 98-1211
W. SHARP and ANTOON, JJ., concur.
735 So. 2d 549 Florida District Court of Appeal, Fifth District (1999) Positive Treatment
Cited by 3 cases
Opinion of the Court
THOMPSON, J.

THOMPSON, J.

We have reviewed the record and the points on appeal and find no reversible error. We write to point out that a life sentence imposed pursuant to section 921.0014(2) is not a departure sentence in support of which there must be written reasons. Such a sentence is not a departure since a plain reading of the statute authorizes the court to impose a life sentence if the defendant scores 368 or more sentencing points. Kalapp v. State, 729 So. 2d 987, 24 Fla. L. Weekly D815 (Fla. 5th DCA 1999).

AFFIRMED.

W. SHARP and ANTOON, JJ., concur.

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  • Franco v. State, 777 So. 2d 1138 (Fla. 4th DCA 2001)
    …ain reading of section 921.0014(2) authorizes the trial court to impose a life sentence if the defendant scores 363 or more points. Accordingly, the sentences imposed in this case did not constitute departure sentences. See also Stoltzfus v. State, 735 So. 2d 549 (Fla. 5th DCA 1999). A departure sentence, which requires findings, is defined in section 921.0016(l)(c), which provides: A state prison sentence which varies upward or downward from the recommended guidelines prison sentence by more than 25 perce…
  • Shamond Byrd v. State, 841 So. 2d 502 (Fla. 3d DCA 2003)
    …nt. If the sentence points are 363 or more, the court may sentence the offender to life imprisonment without departure reasons. Willis v. State, 785 So. 2d 648 (Fla. 2d DCA 2001); Cash v. State, 779 So. 2d 425 (Fla. 2d DCA 2000); Stoltzfus v. State, 735 So. 2d 549 (Fla. 5th DCA 1999); Kalapp v. State, 729 So. 2d 987 (Fla. 5th DCA 1999). Affirmed.2 . The crime date was April 12, 1998. . As a procedural matter, the defendant’s claim is not cognizable on a motion to correct illegal sentence under Florida Rule…
  • Black v. State, 76 So. 3d 1065 (Fla. 2d DCA 2011)
    …, and grand theft of a motor vehicle. We affirm Black’s convictions but remand for correction of his judgment to reflect that grand theft of a motor vehicle is a third-degree felony. Black need not be present for the correction. See Mathis v. State, 735 So. 2d 549 (Fla. 2d DCA 1999). Affirmed but remanded for correction of judgment. WALLACE and CRENSHAW, JJ., Concur.…

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