Cleveland v. State

2 Citing cases

  1. Jones v. Crosby

    857 So. 2d 972 (Fla. Dist. Ct. App. 2003)   Cited 24 times

    Where imposing an upward departure sentence, the trial court may sentence each count to the legal maximum, and may impose the sentences consecutively, even if the sentences arise out of the same criminal episode. See Cleveland v. State, 673 So.2d 983 (Fla. 4th DCA 1996); Crawford v. State, 666 So.2d 202 (Fla. 2d DCA 1995). The sentences imposed upon the defendant are legal, and do not create any double jeopardy violation.

  2. Reyes v. State

    684 So. 2d 883 (Fla. Dist. Ct. App. 1996)

    Therefore, the case must be remanded to the trial court for the correction of the written orders on revocation and sentencing. Further, the imposition of a sentence of years to run consecutively to a life sentence is a departure sentence pursuant to Robinson v. State, 520 So.2d 1 (Fla. 1988); Cleveland v. State, 673 So.2d 983 (Fla. 4th DCA 1996) which requires written reasons. Since the trial court did not realize that it was imposing a departure sentence, the cause is remanded to allow the court "to consider on remand whether a departure sentence is appropriate and, if so, to set forth valid reasons for departure".Betancourt v. State, 552 So.2d 1107, 1108 (Fla. 1989).