Opinion

Morris v. State

  • 13 Fla. L. Weekly 2347
  • 532 So. 2d 1116
  • 1988 Fla. App. LEXIS 4637
  • 1988 WL 107887
Court
District Court of Appeal of Florida
Filed
Oct 20, 1988
Status
Published
Author
Daniel
On the bench
Cowart, Daniel, Sharp
Cited by
3 cases
Authority
More cited than 64.6%

The opinion

DANIEL, Judge.

William Morris appeals his judgment and sentence for burglary of a dwelling, a second degree felony punishable by up to 15 years imprisonment. 1 The defendant’s recommended guidelines sentence was 12 to 30 months incarceration. Morris received a *1117 sentence of fifteen years, but after serving 2lh years in the Department of Corrections, the balance of his sentence was suspended and he was placed on probation for a period of 8 years.

On appeal, the defendant argues that the sentence constitutes a departure sentence which is improper because there were no written reasons for departure. This argument has been rejected by this court. See Johnson v. State, 529 So.2d 1250 (Fla. 5th DCA 1988); McKee v. State, 528 So.2d 417 (Fla. 5th DCA 1988). See also Poore v. State 531 So.2d 161 (Fla.1988).

AFFIRMED.

SHARP, C.J., and COWART, J., concur.

. §§ 810.02(1) and (3); 775.082(3)(c), Fla. Stat.(1987).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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