Stoltzfus v. State

Full title: ROBERT STOLTZFUS, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fifth District

Date published: May 28, 1999

735 So. 2d 550 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1211

Opinion filed May 28, 1999 JANUARY TERM 1999

Appeal from the Circuit Court for Volusia County, Richard B. Orfinger, Judge.

Jeffrey L. Dees, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Mary G. Jolley, Assistant Attorney General, Daytona Beach, for Appellee.

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 363 or more sentencing points. Kalapp v. State, 24 Fla. L. Weekly D815 (Fla. 5th DCA Mar. 26, 1999).

AFFIRMED.

SHARP, W. and ANTOON, JJ., concur.