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Baca v. State

District Court of Appeal of Florida, Second District
Dec 27, 1989
554 So. 2d 27 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-02739.

December 27, 1989.

Appeal from the Circuit Court, Hillsborough County, Manuel Menendez, Jr., J.

James Marion Moorman, Public Defender and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Stephen A. Baker, Asst. Atty. Gen., Tampa, for appellee.


Jesus Baca, who agreed to plead nolo contendere to attempted murder in the first degree, robbery with a firearm, aggravated battery, and possession of a firearm during a felony, has appealed the sentence imposed. We find that the negotiated plea, entered into knowingly, voluntarily, and intelligently, provides a valid basis for the guideline departure sentence of forty years. Smith v. State, 529 So.2d 1106 (Fla. 1988).

Baca's contention, however, that he could not validly be sentenced for both robbery with a firearm and possession of a firearm during a felony does have merit. Hall v. State, 517 So.2d 678 (Fla. 1988).

Accordingly, the concurrent fifteen year sentence imposed on Count IV, violation of section 790.07(2), Florida Statutes (1987), is vacated.

PATTERSON and ALTENBERND, JJ., concur.


Summaries of

Baca v. State

District Court of Appeal of Florida, Second District
Dec 27, 1989
554 So. 2d 27 (Fla. Dist. Ct. App. 1989)
Case details for

Baca v. State

Case Details

Full title:JESUS BACA, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Dec 27, 1989

Citations

554 So. 2d 27 (Fla. Dist. Ct. App. 1989)