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Sparkman v. State

Thomas Ray SPARKMAN v. STATE of Florida

Sparkman v. State, 507 So. 2d 1188 (Fla. Dist. Ct. App. 1987)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
June 2, 1987
Docket
No. BG-340
Judges
Nimmons, Shivers, Thompson
Citations
507 So. 2d 118812 Fla. L. Weekly 13721987 Fla. App. LEXIS 8492

Opinion of the Court — Shivers

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SHIVERS, Judge.

While incarcerated in the Bay County Jail on a charge of grand theft, appellant and a codefendant grabbed a correctional officer, locked him in a cell, and escaped. Appellant was subsequently charged with kidnapping and escape, to which he entered pleas of nolo contendere. On April 18, 1985, he was sentenced to consecutive 12-year terms of imprisonment on each count. The presumptive guideline sentence was 9-12 years.

We find two bases for reversal. First, it appears from the record that the trial court was under the impression that appellant's escape sentence was required to be consecutive to both his former sentence for grand theft and the kidnapping sentence. Although section 944.40, Florida Statutes, mandates that any punishment of imprisonment imposed for escape run consecutive to a former sentence, it was within the court’s discretion to impose the escape sentence either consecutively or concurrently to the kidnapping sentence. Jordan v. State, 505 So.2d 2 (Fla. 1st DCA, 1986). Second, although the total sentence imposed in this case for both offenses exceeded the total guideline sentence of 12 *1189 years, no written reasons for departure were given, as required by Rule 3.701(d)(12), Fla.R.Crim.P.

Therefore, we reverse the sentence and remand for resentencing in accordance with this opinion.

REVERSED and REMANDED.

THOMPSON and NIMMONS, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1987: 119872026peak 1987 · 1

Relies on it most ⓘ

  1. Finklea v. State514 So. 2d 1126 (Fla. Dist. Ct. App. 1987)

Most recent

  1. Finklea v. State514 So. 2d 1126 (Fla. Dist. Ct. App. 1987)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Jordan v. State, 505 So. 2d 2 (Fla. Dist. Ct. App. 1986) 2

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