Florida Statute 921.16 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 921
SENTENCE

View Entire Chapter

F.S. 921.16

921.16 When sentences to be concurrent and when consecutive.—

(1) A defendant convicted of two or more offenses charged in the same indictment, information, or affidavit or in consolidated indictments, informations, or affidavits shall serve the sentences of imprisonment concurrently unless the court directs that two or more of the sentences be served consecutively. Sentences of imprisonment for offenses not charged in the same indictment, information, or affidavit shall be served consecutively unless the court directs that two or more of the sentences be served concurrently. Any sentence for sexual battery as defined in chapter 794 or murder as defined in s. 782.04 must be imposed consecutively to any other sentence for sexual battery or murder which arose out of a separate criminal episode or transaction.

(2) A county court or circuit court of this state may direct that the sentence imposed by such court be served concurrently with a sentence imposed by a court of another state or of the United States or, for purposes of this section, concurrently with a sentence to be imposed in another jurisdiction. In such case, the Department of Corrections may designate the correctional institution of the other jurisdiction as the place for reception and confinement of such person and may also designate the place in Florida for reception and confinement of such person in the event that confinement in the other jurisdiction terminates before the expiration of the Florida sentence. The sheriff shall forward commitment papers and other documents specified in s. 944.17 to the department. Upon imposing such a sentence, the court shall notify the Florida Commission on Offender Review as to the jurisdiction in which the sentence is to be served. Any prisoner so released to another jurisdiction shall be eligible for consideration for parole by the Florida Commission on Offender Review pursuant to chapter 947, except that the commission shall determine the presumptive parole release date and the effective parole release date by requesting such person’s file from the receiving jurisdiction. Upon receiving such records, the commission shall determine these release dates based on the relevant information in that file and shall give credit toward reduction of the Florida sentence for gain-time granted by the jurisdiction where the inmate is serving the sentence. The Florida Commission on Offender Review may concur with the parole release decision of the jurisdiction granting parole and accepting supervision.

(3) A county court or circuit court of this state may not direct that the sentence imposed by such court be served coterminously with a sentence imposed by another court of this state or imposed by a court of another state.

History.—s. 261, ch. 19554, 1939; CGL 1940 Supp. 8663(271); s. 124, ch. 70-339; s. 1, ch. 78-219; s. 24, ch. 79-3; s. 12, ch. 79-42; s. 1, ch. 79-310; s. 43, ch. 88-122; s. 10, ch. 95-283; s. 2, ch. 2000-179; s. 1, ch. 2003-128; s. 22, ch. 2014-191; s. 21, ch. 2016-24; s. 27, ch. 2017-37; s. 13, ch. 2017-107.

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Amendments to 921.16

Annotations, Discussions, Cases:

Cases Citing Statute 921.16

Total Results: 401

Maddox v. State

760 So. 2d 89

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 1324543

Cited 171 times | Published

"assumed to be appropriate for the offender." § 921.0016(1)(a), Fla. Stat. (Supp.1996). The Legislature

Banks v. State

732 So. 2d 1065, 1999 WL 215372

Supreme Court of Florida | Filed: Apr 15, 1999 | Docket: 460511

Cited 155 times | Published

agree with the trial court's decision.[9] Section 921.0016, Florida Statutes (1995), addresses departure

Davis v. State

661 So. 2d 1193, 1995 WL 424172

Supreme Court of Florida | Filed: Jul 20, 1995 | Docket: 1526412

Cited 128 times | Published

fifteen days in which to file written findings. See § 921.0016, Fla. Stat. (1993). [3] The language in Whitfield

Simmons v. State

10 So. 2d 436, 151 Fla. 778, 1942 Fla. LEXIS 1267

Supreme Court of Florida | Filed: Nov 13, 1942 | Docket: 3269171

Cited 71 times | Published

provision in Section 261, Criminal Procedure Act (Section 921.16, Florida Statutes, 1941, that a defendant "convicted

Lugo v. State

845 So. 2d 74, 2003 WL 359291

Supreme Court of Florida | Filed: Feb 20, 2003 | Docket: 1728751

Cited 54 times | Published

Furtonindividually is a valid reason for departure. See § 921.0016(1)(b), (l), Fla. Stat. (1997). [76] The jury's

Smith v. State

537 So. 2d 982, 1989 WL 3704

Supreme Court of Florida | Filed: Jan 5, 1989 | Docket: 426772

Cited 53 times | Published

Benyard to resolve the conflicting wording in section 921.16, Florida Statutes (1973), and Florida Rule

State v. Rife

789 So. 2d 288, 2001 WL 359697

Supreme Court of Florida | Filed: Apr 12, 2001 | Docket: 1325986

Cited 48 times | Published

authority under the sentencing guidelines, section 921.0016(4)(f), to impose a downward departure sentence

Benyard v. Wainwright

322 So. 2d 473

Supreme Court of Florida | Filed: Oct 29, 1975 | Docket: 1413179

Cited 47 times | Published

sentences in accordance with the provisions of Section 921.16, Florida Statutes (1973). The statute reads

Dorfman v. State

351 So. 2d 954

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 1247042

Cited 33 times | Published

consecutive or concurrent sentences as to each. See § 921.16, Fla. Stat. (1971); Fla.R. Crim.P. 3.722. [5]

Mays v. State

717 So. 2d 515, 1998 WL 394091

Supreme Court of Florida | Filed: Jul 16, 1998 | Docket: 1277250

Cited 29 times | Published

0014(2) and 921.001(5) in pari materia with section 921.0016. The various subsections of 921.0016 provide

Capers v. State

678 So. 2d 330, 1996 WL 399857

Supreme Court of Florida | Filed: Jul 18, 1996 | Docket: 1470847

Cited 29 times | Published

question of great public importance: WHETHER SECTION 921.0016(3)(J), FLORIDA STATUTES (1993), MAKES "VULNERABILITY

State v. Matthews

891 So. 2d 479, 2004 WL 2973856

Supreme Court of Florida | Filed: Dec 23, 2004 | Docket: 1704545

Cited 26 times | Published

violation of probation. However, pursuant to section 921.16(1) of the Florida Statutes (1995),[2] because

Maulden v. State

617 So. 2d 298, 1993 WL 83071

Supreme Court of Florida | Filed: Mar 25, 1993 | Docket: 1512470

Cited 26 times | Published

these sentences consecutively or concurrently. See § 921.16(1), Fla. Stat. (1987). We also affirm his convictions

Pease v. State

712 So. 2d 374, 1997 WL 618705

Supreme Court of Florida | Filed: Oct 9, 1997 | Docket: 419830

Cited 25 times | Published

an unward or downward departure sentence. See § 921.0016(1)(c), Fla. Stat. (1995)("A written transcription

Perkins v. Mayo

92 So. 2d 641

Supreme Court of Florida | Filed: Feb 13, 1957 | Docket: 1390240

Cited 25 times | Published

contrary to the contention of petitioner by Section 921.16, Florida Statutes, F.S.A., the effect of which

Carpenter v. State

884 So. 2d 385, 2004 WL 2069811

District Court of Appeal of Florida | Filed: Sep 17, 2004 | Docket: 1282213

Cited 23 times | Published

the sentencing guidelines then in effect. See § 921.0016. Accordingly, if the offenses for which Carpenter

Boggs v. Wainwright

223 So. 2d 316

Supreme Court of Florida | Filed: May 21, 1969 | Docket: 176940

Cited 19 times | Published

by the following provision of Florida Statute § 921.16, F.S.A.: "* * * Sentences of imprisonment for

Helton v. Mayo

15 So. 2d 416, 153 Fla. 616, 1943 Fla. LEXIS 717

Supreme Court of Florida | Filed: Oct 29, 1943 | Docket: 3272106

Cited 19 times | Published

eliminated. Respondent calls our attention to Section 921.16, Florida Statutes 1941, which provides that

Jones v. State

71 So. 3d 173, 2011 Fla. App. LEXIS 15106, 2011 WL 4424302

District Court of Appeal of Florida | Filed: Sep 23, 2011 | Docket: 2360508

Cited 18 times | Published

in the community. Id. at 3. . See generally § 921.0016, Fla. Stat. (1995); Fla. R. Crim. P. 3.701, 3

Branam v. State

554 So. 2d 512, 1990 WL 886

Supreme Court of Florida | Filed: Jan 4, 1990 | Docket: 1693365

Cited 17 times | Published

perceived a conflict between the guidelines and section 921.16, Florida Statutes (1987), which authorizes

Jones v. State

813 So. 2d 22, 2002 WL 87377

Supreme Court of Florida | Filed: Jan 24, 2002 | Docket: 1438737

Cited 16 times | Published

door cycle of drugs and crime. [6] Former section 921.0016(4)(d), Florida Statutes (Supp.1996), repealed

State v. Merritt

714 So. 2d 1153, 1998 WL 412453

District Court of Appeal of Florida | Filed: Jul 24, 1998 | Docket: 2528510

Cited 16 times | Published

findings and grounds for the departure sentence. Section 921.0016(4)(j) sets out three mitigating circumstances

Ransone v. State

48 So. 3d 692, 35 Fla. L. Weekly Supp. 558, 2010 Fla. LEXIS 1639, 2010 WL 3909887

Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 129259

Cited 14 times | Published

concurrent with any other sentence. Id. (citing § 921.16(1), Fla. Stat. (2004)). The Fourth District relied

Nielson v. State

984 So. 2d 587, 2008 WL 2312491

District Court of Appeal of Florida | Filed: Jun 6, 2008 | Docket: 1685650

Cited 14 times | Published

Nielson's sentences consecutively pursuant to section 921.16(1), Florida Statutes (1983), which provides

State v. White

755 So. 2d 830, 2000 WL 553938

District Court of Appeal of Florida | Filed: May 5, 2000 | Docket: 1333781

Cited 14 times | Published

sentence, can be a valid reason for departure. See § 921.0016(4)(e), Fla. Stat. (Supp.1996); Banks v. State

State v. Bleckinger

746 So. 2d 553, 1999 WL 1136438

District Court of Appeal of Florida | Filed: Dec 13, 1999 | Docket: 1360708

Cited 14 times | Published

is not what was contemplated by the statute. § 921.0016(4)(i). It requires the defendant to cooperate

Denson v. State

711 So. 2d 1225, 1998 WL 235977

District Court of Appeal of Florida | Filed: May 13, 1998 | Docket: 1700608

Cited 14 times | Published

under the sentencing guidelines in all cases. See § 921.0016(2), Fla. Stat. (1997). Although the courts have

State v. Spioch

706 So. 2d 32, 1998 WL 4412

District Court of Appeal of Florida | Filed: Jan 9, 1998 | Docket: 1682618

Cited 14 times | Published

physical disabilities and was amenable to treatment. § 921.0016(4)(d), Florida Statutes (1995).[2] Mrs. Spioch

Killings v. State

567 So. 2d 60, 1990 WL 142515

District Court of Appeal of Florida | Filed: Oct 3, 1990 | Docket: 471822

Cited 14 times | Published

Count I, but concurrently with each other. See § 921.16, Fla. Stat. (1987). Furthermore, any complaint

Orta v. State

919 So. 2d 602, 2006 WL 120005

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1678514

Cited 13 times | Published

request for downward departure, finding that Section 921.0016(4), Florida Statutes, does not authorize a

Campbell v. State

884 So. 2d 190, 2004 WL 1635354

District Court of Appeal of Florida | Filed: Jul 23, 2004 | Docket: 627061

Cited 13 times | Published

therefore, his sentences should run concurrently. See § 921.16(1), Fla. Stat. (1993). The trial court denied

McCloud v. State

803 So. 2d 821, 2001 WL 1658281

District Court of Appeal of Florida | Filed: Dec 28, 2001 | Docket: 1784837

Cited 13 times | Published

set forth in section 775.082, Florida Statutes. § 921.0016(1)(e) (1995). Section 775.082, Florida Statutes

Durr v. State

773 So. 2d 644, 2000 WL 1838089

District Court of Appeal of Florida | Filed: Dec 15, 2000 | Docket: 1291978

Cited 13 times | Published

that trial courts have discretion pursuant to section 921.16(1), Florida Statutes (1997) to impose a consecutive

State v. Barnes

753 So. 2d 605, 2000 WL 192150

District Court of Appeal of Florida | Filed: Feb 18, 2000 | Docket: 1433388

Cited 13 times | Published

treatment is no longer a valid departure basis. See § 921.0016(5), Fla. Stat. (1997); State v. O'Dorle, 738

Porter v. State

723 So. 2d 191, 1998 WL 716699

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 1693633

Cited 13 times | Published

to be served concurrently or consecutively. See § 921.16, Fla. Stat. (1977). If the trial judge decides

Segal v. Wainwright

304 So. 2d 446

Supreme Court of Florida | Filed: Dec 11, 1974 | Docket: 1437720

Cited 13 times | Published

with the sentence imposed on Feb. 6, 1968. F.S. § 921.16 would make these sentences consecutive unless

Watkins v. Morris

179 So. 2d 348

Supreme Court of Florida | Filed: Oct 27, 1965 | Docket: 1196352

Cited 13 times | Published

run concurrently. There is no statute such as Section 921.16, Florida Statutes, F.S.A., to govern sentences

State v. Knox

990 So. 2d 665, 2008 WL 4179453

District Court of Appeal of Florida | Filed: Sep 12, 2008 | Docket: 1687618

Cited 12 times | Published

provided the defendant is amenable to treatment. § 921.0016(4)(d), Fla. Stat. (2006). To establish a need

State v. Amodeo

750 So. 2d 664, 1999 WL 1136433

District Court of Appeal of Florida | Filed: Dec 13, 1999 | Docket: 2532916

Cited 12 times | Published

insufficient and are not supported by the record. Section 921.0016 provides a list of mitigating circumstances

Weiss v. State

720 So. 2d 1113, 1998 WL 764677

District Court of Appeal of Florida | Filed: Oct 21, 1998 | Docket: 1719187

Cited 12 times | Published

departure. See § 921.001(7), Fla. Stat. (1995); § 921.0016(3), Fla. Stat. (1995); Capers v. State, 678 So

Laines v. State

662 So. 2d 1248, 1995 WL 353512

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1683519

Cited 12 times | Published

within fifteen days after the date of sentencing. § 921.0016(1)(c), Fla. Stat. (1993); Fla.R.Crim.P. 3.702(d)(18)(A);

Sewall v. State

783 So. 2d 1171, 2001 WL 394878

District Court of Appeal of Florida | Filed: Apr 20, 2001 | Docket: 1259643

Cited 11 times | Published

proper reason to justify departure. See Fla. Stat. § 921.0016(1)(j). The supreme court in Capers v. State,

Burgal v. State

740 So. 2d 82, 1999 WL 492598

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 1456939

Cited 11 times | Published

was specially heinous, atrocious, or cruel." § 921.0016(3)(b), Fla. Stat. (1995).[1] Writing in the analogous

State v. Norris

724 So. 2d 630, 1998 WL 906905

District Court of Appeal of Florida | Filed: Dec 31, 1998 | Docket: 1410244

Cited 11 times | Published

constitute a mitigating circumstance. We disagree. Section 921.0016(4)(c), Florida Statutes (1997) provides that

State v. Warner

721 So. 2d 767, 1998 WL 796526

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1323204

Cited 11 times | Published

would, based on three mitigating factors in section 921.0016(4), Florida Statutes (1995). The state appeals

State v. Chandler

668 So. 2d 1087, 1996 WL 90573

District Court of Appeal of Florida | Filed: Mar 5, 1996 | Docket: 1686900

Cited 11 times | Published

state prison sentence without written reasons. § 921.0016(1)(b), Fla.Stat. (1993). Because the trial court

State v. Chandler

668 So. 2d 1087, 1996 WL 90573

District Court of Appeal of Florida | Filed: Mar 5, 1996 | Docket: 1686900

Cited 11 times | Published

state prison sentence without written reasons. § 921.0016(1)(b), Fla.Stat. (1993). Because the trial court

State v. Colbert

660 So. 2d 701, 1995 WL 555308

Supreme Court of Florida | Filed: Sep 21, 1995 | Docket: 1755760

Cited 11 times | Published

we unanimously adopted in Ree. Furthermore, section 921.0016(1)(c), Florida Statutes (1993), and Florida

Richardson v. State

432 So. 2d 750

District Court of Appeal of Florida | Filed: Jun 8, 1983 | Docket: 1677506

Cited 11 times | Published

appellant's plea bargain have not been met. Under section 921.16(2), Florida Statutes (1981), a Florida court

Weible v. State

761 So. 2d 469, 2000 WL 827293

District Court of Appeal of Florida | Filed: Jun 28, 2000 | Docket: 1709262

Cited 10 times | Published

treatment program suitable for the Defendant. See § 921.0016(4)(d), Fla. Stat. (1999) (providing for mitigation

State v. Bray

738 So. 2d 962, 1999 WL 538111

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 1502784

Cited 10 times | Published

of approved grounds to mitigate sentences. See § 921.0016(4), Fla. Stat. (Supp.1996). Although all bases

State v. Bray

738 So. 2d 962, 1999 WL 538111

District Court of Appeal of Florida | Filed: Jun 4, 1999 | Docket: 1502784

Cited 10 times | Published

of approved grounds to mitigate sentences. See § 921.0016(4), Fla. Stat. (Supp.1996). Although all bases

State v. Falocco

730 So. 2d 765, 1999 WL 147936

District Court of Appeal of Florida | Filed: Mar 19, 1999 | Docket: 2587792

Cited 10 times | Published

Brown, 717 So.2d 625 (Fla. 5th DCA 1998)(citing § 921.0016(4)(d), Fla. Stat. (1997); Ch. 97-194, § 41, Laws

State v. Silver

723 So. 2d 381, 1998 WL 903823

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1693634

Cited 10 times | Published

participant in the criminal conduct," see section 921.0016(4)(b), Florida Statutes (1993), and "the offense

State v. Silver

723 So. 2d 381, 1998 WL 903823

District Court of Appeal of Florida | Filed: Dec 30, 1998 | Docket: 1693634

Cited 10 times | Published

participant in the criminal conduct," see section 921.0016(4)(b), Florida Statutes (1993), and "the offense

Whitney v. State

132 So. 2d 599

Supreme Court of Florida | Filed: Sep 6, 1961 | Docket: 1382288

Cited 10 times | Published

support the contention. We are referred to Section 921.16, Florida Statutes, F.S.A., which has to do

Hines v. State

817 So. 2d 964, 2002 WL 1058371

District Court of Appeal of Florida | Filed: May 29, 2002 | Docket: 1430277

Cited 9 times | Published

aggressor, or provoker of the incident. See § 921.0016(4)(f), Fla. Stat. (2000) (allowing the trial

State v. Clay

780 So. 2d 269, 2001 WL 201816

District Court of Appeal of Florida | Filed: Mar 2, 2001 | Docket: 1298402

Cited 9 times | Published

717 So.2d 625 (Fla. 5th DCA 1998) (citing section 921.0016(4)(d), Florida Statutes (1997); Chapter 97-194

State v. Turro

724 So. 2d 1216, 1998 WL 877543

District Court of Appeal of Florida | Filed: Dec 17, 1998 | Docket: 1733956

Cited 9 times | Published

written reasons for the sentence as required by section 921.0016(1)(c), Florida Statutes (1997). We reject

State v. Brown

717 So. 2d 625, 1998 WL 654103

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 2125093

Cited 9 times | Published

departure for crimes occurring after July 1, 1997. § 921.0016(4)(d), Fla. Stat. (1997); Ch. 97-194, § 41, Laws

Cole v. State

262 So. 2d 902

District Court of Appeal of Florida | Filed: May 30, 1972 | Docket: 429180

Cited 9 times | Published

punishment. That action of the court was authorized by § 921.16 Fla. Stat., F.S.A. See Chavigny v. State, Fla

Almendares v. State

916 So. 2d 29, 2005 WL 3116097

District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 1659402

Cited 8 times | Published

to be served concurrently or consecutively"); § 921.16(1), Fla. Stat. (2003) (a defendant convicted of

Cairl v. State

833 So. 2d 312, 2003 WL 19944

District Court of Appeal of Florida | Filed: Jan 3, 2003 | Docket: 1259161

Cited 8 times | Published

that the aggravating circumstances allowed in section 921.0016(3)(n), Florida Statutes (1993), is unconstitutionally

State v. Aguilar

775 So. 2d 994, 2000 WL 1817038

District Court of Appeal of Florida | Filed: Dec 13, 2000 | Docket: 1668002

Cited 8 times | Published

after the date of sentencing as required by section 921.0016(1)(c), Florida Statutes (1997); or within

JJ v. Fryer

765 So. 2d 260, 2000 WL 1154026

District Court of Appeal of Florida | Filed: Aug 15, 2000 | Docket: 428854

Cited 8 times | Published

that section 985.215 lacks a counterpart to section 921.0016(1)(c)'s specific authority to file a transcript

Overway v. State

718 So. 2d 308, 1998 WL 603211

District Court of Appeal of Florida | Filed: Sep 11, 1998 | Docket: 1515051

Cited 8 times | Published

1987); § 921.6012(2), Fla. Stat. (Supp.1996); § 921.0016(1)(b), Fla. Stat. (1995). [4] The state argues

Bruce v. State

679 So. 2d 45, 1996 WL 483018

District Court of Appeal of Florida | Filed: Aug 28, 1996 | Docket: 1215835

Cited 8 times | Published

or consecutive sentences in independent cases. § 921.16(1), Fla. Stat. (1993); see also Benyard v. Wainwright

JM v. State

677 So. 2d 890, 1996 WL 346929

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 1723714

Cited 8 times | Published

cruel, id. § 921.0016(3)(b), or where there is extraordinary emotional trauma. Id. § 921.0016(3)(e); see

Doyle v. State

615 So. 2d 278, 1993 WL 72072

District Court of Appeal of Florida | Filed: Mar 16, 1993 | Docket: 2579174

Cited 8 times | Published

is by transfer to federal prison pursuant to section 921.16(2), Florida Statutes (1991). The language of

Brumit v. Wainwright

290 So. 2d 39

Supreme Court of Florida | Filed: Feb 13, 1974 | Docket: 1510325

Cited 8 times | Published

that we have overlooked the provisions of F.S. § 921.16, F.S.A. in this regard. This statute requires

Norwood v. Mayo

74 So. 2d 370, 1954 Fla. LEXIS 1125

Supreme Court of Florida | Filed: Jul 23, 1954 | Docket: 1270487

Cited 8 times | Published

concurrently. This contention is foreclosed by F.S. § 921.16, F.S.A., which provides in part that sentences

Ransone v. State

20 So. 3d 445, 2009 Fla. App. LEXIS 15790, 2009 WL 3364871

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 2527338

Cited 7 times | Published

sentence was consecutive to the Miami-Dade sentences. § 921.16(1), Fla. Stat. (2004) (providing: "Sentences of

Hardenbrook v. State

953 So. 2d 717, 2007 WL 1037843

District Court of Appeal of Florida | Filed: Apr 9, 2007 | Docket: 1337835

Cited 7 times | Published

consecutive nor concurrent but "free-standing." See § 921.16(1), Fla. Stat. (2005) ("Sentences of imprisonment

State v. Strawser

921 So. 2d 705, 2006 WL 437547

District Court of Appeal of Florida | Filed: Feb 8, 2006 | Docket: 1662686

Cited 7 times | Published

ISRAEL, Associate Judge, concur. NOTES [1] Section 921.0016(4), titled "Recommended sentences; departure

State v. VanBebber

848 So. 2d 1046, 2003 WL 21025826

Supreme Court of Florida | Filed: May 8, 2003 | Docket: 252612

Cited 7 times | Published

sentence based on three mitigating factors in section 921.0016(4), Florida Statutes (1995).[6] One of the

Leveritt v. State

817 So. 2d 891, 2002 WL 857314

District Court of Appeal of Florida | Filed: May 7, 2002 | Docket: 2534771

Cited 7 times | Published

sentencing guidelines score on the authority of section 921.0016(4)(j), Florida Statutes (1997), which authorizes

State v. Chapman

805 So. 2d 906, 2001 WL 1245921

District Court of Appeal of Florida | Filed: Oct 19, 2001 | Docket: 1669464

Cited 7 times | Published

defendant's "intoxication at the time of the offense." § 921.0016(5), Fla. Stat. (1999). Thus, the court erred

State v. Quintanal

791 So. 2d 23, 2001 WL 321571

District Court of Appeal of Florida | Filed: Apr 4, 2001 | Docket: 1655779

Cited 7 times | Published

filed a notice to seek an enhanced penalty. Section 921.0016(4)(e), Florida Statutes (1996), allows the

Glenn v. State

776 So. 2d 330, 2001 WL 38008

District Court of Appeal of Florida | Filed: Jan 17, 2001 | Docket: 422037

Cited 7 times | Published

contending the Department of Corrections, under section 921.16(2), Florida Statutes, is given the discretion

Van Loan v. State

779 So. 2d 497, 2000 WL 1781694

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 420448

Cited 7 times | Published

typically analyzed on a case-by-case basis. See § 921.0016(3)(b), Fla. Stat. (1997); Semenec v. State, 698

State v. Sawyer

753 So. 2d 737, 2000 WL 293199

District Court of Appeal of Florida | Filed: Mar 22, 2000 | Docket: 1729016

Cited 7 times | Published

mitigation of the sentence in accordance with section 921.0016, Florida Statutes (1997). The facts supporting

State v. Bostick

715 So. 2d 298, 1998 WL 347195

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 1716976

Cited 7 times | Published

sentence in this case was most likely based on section 921.0016(4)(d), Florida Statutes (Supp.1996), which

State v. Whiting

711 So. 2d 1212, 1998 WL 210767

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1337498

Cited 7 times | Published

Chandler, 668 So.2d 1087 (Fla. 1st DCA 1996), and section 921.0016(4)(j), Florida Statutes (1995); and the victim's

Myers v. State

696 So. 2d 893, 1997 WL 348762

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 1696249

Cited 7 times | Published

775.082 maximum. Both section 921.001(5) and section 921.0016(1)(e) are very clear that a departure sentence

State v. Tripp

591 So. 2d 1055, 1991 WL 275540

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 2244537

Cited 7 times | Published

approving, 540 So.2d 158 (Fla. 2d DCA 1989); § 921.16, Fla. Stat. (1987); Fla. R.Crim.P. 3.701(d)12

State v. Tripp

591 So. 2d 1055, 1991 WL 275540

District Court of Appeal of Florida | Filed: Dec 27, 1991 | Docket: 2244537

Cited 7 times | Published

approving, 540 So.2d 158 (Fla. 2d DCA 1989); § 921.16, Fla. Stat. (1987); Fla. R.Crim.P. 3.701(d)12

Reynolds v. State

580 So. 2d 254, 1991 WL 75530

District Court of Appeal of Florida | Filed: May 13, 1991 | Docket: 1717010

Cited 7 times | Published

credit appears to be statutorily mandated by section 921.16(1), it argues that remand for resentencing

Richardson v. State

947 So. 2d 1219, 2007 WL 187725

District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1720477

Cited 6 times | Published

the Department lacks such sentencing authority. § 921.16(1), Fla. Stat. (2004); Byrd v. State, 853 So.2d

Willingham v. State

781 So. 2d 512, 2001 WL 331899

District Court of Appeal of Florida | Filed: Apr 6, 2001 | Docket: 1292426

Cited 6 times | Published

under the current criminal punishment code. See § 921.0016(1)(b), Fla. Stat.; Fla. R.Crim. P. 3.704(d)(25)

State v. Beck

763 So. 2d 506, 2000 WL 991811

District Court of Appeal of Florida | Filed: Jul 19, 2000 | Docket: 1278163

Cited 6 times | Published

on the basis of impairment is prohibited by section 921.0016(5), Florida Statutes, which provides: A defendant's

State v. Lazo

761 So. 2d 1244, 2000 WL 954830

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 1300237

Cited 6 times | Published

downward departure from sentencing guidelines. See § 921.0016(5), Fla. Stat. (1997); see also State v. Norris

Weiss v. State

761 So. 2d 318, 2000 WL 796064

Supreme Court of Florida | Filed: Jun 22, 2000 | Docket: 1300379

Cited 6 times | Published

the Third District correctly concluded that section 921.0016(1)(c), Florida Statutes (1995), and Florida

Branch v. State

790 So. 2d 437, 2000 WL 289731

District Court of Appeal of Florida | Filed: Mar 21, 2000 | Docket: 1411584

Cited 6 times | Published

consecutive prison releasee reoffender sentences. Section 921.16(1), Florida Statutes (1997), states in pertinent

State v. Fleming

751 So. 2d 620, 1999 WL 1076801

District Court of Appeal of Florida | Filed: Dec 1, 1999 | Docket: 1712537

Cited 6 times | Published

incident for which defendant showed remorse. Section 921.0016(4)(j), Florida Statutes (1997). Appellee was

Nunez v. State

721 So. 2d 346, 1998 WL 736344

District Court of Appeal of Florida | Filed: Oct 23, 1998 | Docket: 1694479

Cited 6 times | Published

limitations provided in s. 775.082." See also § 921.0016(1)(e), Fla. Stat. (1995) ("[a] departure sentence

State v. Licea

707 So. 2d 1155, 1998 WL 67096

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1259486

Cited 6 times | Published

minor participant in the criminal conduct." See § 921.0016(4), Fla. Stat. (1993). However, Licea was the

Green v. State

691 So. 2d 502, 1997 WL 97157

District Court of Appeal of Florida | Filed: Mar 7, 1997 | Docket: 1423831

Cited 6 times | Published

a permissible "variation," not a "departure." § 921.0016(1)(b), Fla.Stat. The word "departure" in Rule

State v. Honiker

675 So. 2d 681, 1996 WL 332922

District Court of Appeal of Florida | Filed: Jun 19, 1996 | Docket: 2582312

Cited 6 times | Published

amenable to treatment." See Fla. R.Crim. P. 3.990; § 921.0016(4)(d), Fla. Stat. (Supp.1994). There is no evidence

Kirkland v. State

633 So. 2d 1138, 1994 WL 84094

District Court of Appeal of Florida | Filed: Mar 18, 1994 | Docket: 1296225

Cited 6 times | Published

concurrent by the Department of Corrections. See § 921.16(1), Fla. Stat. (1993). Several months later Kirkland

Hart v. State

405 So. 2d 1048

District Court of Appeal of Florida | Filed: Nov 12, 1981 | Docket: 1703814

Cited 6 times | Published

and hence invalid since it conflicted with Section 921.16, Florida Statutes, which specified that defendants

Rozmestor v. State

381 So. 2d 324

District Court of Appeal of Florida | Filed: Mar 19, 1980 | Docket: 1720514

Cited 6 times | Published

directs that some or all be served concurrently. § 921.16(1), Fla. Stat. (1979). The statute provides for

Pizzo v. State

916 So. 2d 828, 2005 WL 1704833

District Court of Appeal of Florida | Filed: Jul 22, 2005 | Docket: 1659488

Cited 5 times | Published

0016(3)(n)(1, 2), Florida Statutes (1997). Section 921.0016(3)(f) provides for an upward departure if

Robinson v. State

829 So. 2d 984, 2002 WL 31477281

District Court of Appeal of Florida | Filed: Nov 7, 2002 | Docket: 1454150

Cited 5 times | Published

to be concurrent or consecutive, and because section 921.16(1), Florida Statutes (1997), vests discretion

Franco v. State

777 So. 2d 1138, 2001 WL 87826

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 1513969

Cited 5 times | Published

sentence, which requires findings, is defined in section 921.0016(1)(c), which provides: A state prison sentence

McCarthur v. State

766 So. 2d 292, 2000 WL 174614

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 825488

Cited 5 times | Published

expressly declined to exercise its discretion under section 921.16(1), Florida *293 Statutes (1997), to decide

State v. Arvinger

751 So. 2d 74, 1999 WL 1136429

District Court of Appeal of Florida | Filed: Dec 13, 1999 | Docket: 475686

Cited 5 times | Published

reconvened at 1:30 p.m., defense counsel produced section 921.0016, which codifies mitigating circumstances under

State v. Rife

733 So. 2d 541, 1999 WL 148030

District Court of Appeal of Florida | Filed: May 28, 1999 | Docket: 1188179

Cited 5 times | Published

silentio, the clear statutory language of section 921.0016(4)(f), Florida Statutes, which lists, among

Dillard v. State

728 So. 2d 725, 1999 WL 68513

Supreme Court of Florida | Filed: Feb 11, 1999 | Docket: 1673883

Cited 5 times | Published

§ 921.0011(1),(5), Fla. Stat. (1995). [6] See § 921.16. Fla. Stat. (1995), which states in relevant part:

State v. Powell

696 So. 2d 789, 1997 WL 43388

District Court of Appeal of Florida | Filed: Feb 5, 1997 | Docket: 1326002

Cited 5 times | Published

treatment and was amenable to that treatment. See § 921.0016(4), Fla. Stat. (1995); Fla. R.Crim. P. 3.990

Schlosser v. Singletary

597 So. 2d 304, 1991 WL 237644

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 1837471

Cited 5 times | Published

refuse to transfer him to a federal institution. Section 921.16(2), Florida Statutes (1989), provides that

Charles v. State

204 So. 3d 63, 2016 Fla. App. LEXIS 15940

District Court of Appeal of Florida | Filed: Oct 26, 2016 | Docket: 63630498

Cited 4 times | Published

concurrently, which seems to be the norm. See § 921.16(1), Fla. Stat. (2000) (setting the default for

Camacho v. State

164 So. 3d 45, 2015 WL 1928592

District Court of Appeal of Florida | Filed: Apr 29, 2015 | Docket: 2653258

Cited 4 times | Published

Banks, 732 So.3d at 1067 & n. 2 (citing § 921.0016). This is a purely legal issue that is reviewed

State v. Porche

826 So. 2d 1062, 2002 WL 31126903

District Court of Appeal of Florida | Filed: Sep 27, 2002 | Docket: 279311

Cited 4 times | Published

sought a downward departure sentence based on section 921.0016(4)(d), Florida Statutes (2001), which authorizes

Harris v. State

771 So. 2d 565, 2000 WL 1475745

District Court of Appeal of Florida | Filed: Oct 6, 2000 | Docket: 1433138

Cited 4 times | Published

concurrent, sentences is without merit in light of section 921.16(1), Florida Statutes (1994), which gives a

Baker v. State

760 So. 2d 1085, 2000 WL 799366

District Court of Appeal of Florida | Filed: Jun 23, 2000 | Docket: 1695149

Cited 4 times | Published

So.2d 671 (Fla. 2d DCA 1990). In addition, section 921.16 provides that sentences run concurrently if

State v. Baksh

758 So. 2d 1222, 2000 WL 628328

District Court of Appeal of Florida | Filed: May 17, 2000 | Docket: 2508349

Cited 4 times | Published

mitigation of the sentence in accordance with section 921.0016, Florida Statutes (1997). See State v. Sawyer

Brown v. State

763 So. 2d 1190, 2000 WL 60386

District Court of Appeal of Florida | Filed: Jan 26, 2000 | Docket: 1681841

Cited 4 times | Published

legal basis to employ this particular factor. See § 921.0016(3)(o) ("The offense [e.s.] was committed in order

State v. Ford

739 So. 2d 629, 1999 WL 391868

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1688679

Cited 4 times | Published

recommended under the sentencing guidelines." § 921.0016(5), Fla. Stat. (1997). See also State v. Norris

Garner v. State

729 So. 2d 990, 1999 WL 163883

District Court of Appeal of Florida | Filed: Mar 26, 1999 | Docket: 2517087

Cited 4 times | Published

cruel, or if the victim is especially vulnerable. § 921.0016(3)(b) and (j), Fla. Stat. Pregnancy has been

State v. Morales

718 So. 2d 272, 1998 WL 559599

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 1515085

Cited 4 times | Published

reasonably justify the departure." § 921.0016(2), Fla. Stat. (1995). Section 921.0016(4)(a)-(l), Florida Statutes

Greene v. State

714 So. 2d 554, 1998 WL 336337

District Court of Appeal of Florida | Filed: Jun 26, 1998 | Docket: 461541

Cited 4 times | Published

victims were especially vulnerable due to age. See § 921.0016(3)(j), Fla. Stat. (1995). On appeal, Mr. Greene

Hankin v. State

682 So. 2d 602, 1996 WL 625394

District Court of Appeal of Florida | Filed: Oct 30, 1996 | Docket: 1680914

Cited 4 times | Published

that the aggravating circumstances allowed in section 921.0016(3)(n), Florida Statutes (1993), to be used

Hughes v. State

667 So. 2d 910, 1996 WL 46930

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 492905

Cited 4 times | Published

So.2d 914 (Fla. 3d DCA 1988). In addition, section 921.0016(1)(d), Florida Statutes (1993), provides in

Doolin v. State

650 So. 2d 44, 1995 WL 25338

District Court of Appeal of Florida | Filed: Jan 25, 1995 | Docket: 1346566

Cited 4 times | Published

as the court makes the necessary findings. Section 921.0016, Florida Statutes, and Rule 3.701, Fla. R

Clark v. State

519 So. 2d 1095, 1988 WL 8412

District Court of Appeal of Florida | Filed: Feb 8, 1988 | Docket: 1698867

Cited 4 times | Published

Beauchamp properly exercised his discretion under section 921.16 in ordering the sentence in BR-7 to run consecutive

Teffeteller v. State

396 So. 2d 1171

District Court of Appeal of Florida | Filed: Apr 15, 1981 | Docket: 2529442

Cited 4 times | Published

additional sentences you are or will be serving." Section 921.16, Florida Statutes (1979), provides that sentences

Chavigny v. State

163 So. 2d 47

District Court of Appeal of Florida | Filed: Apr 3, 1964 | Docket: 1713069

Cited 4 times | Published

as permitted by this statutory provision." Section 921.16, Florida Statutes, F.S.A., provides: "When

Crittenden v. State

67 So. 3d 1184, 2011 Fla. App. LEXIS 13058, 2011 WL 3627692

District Court of Appeal of Florida | Filed: Aug 19, 2011 | Docket: 60301950

Cited 3 times | Published

upward departure sentences imposed pursuant to section 921.0016, Florida Statutes (1993), after he violated

Wynkoop v. State

14 So. 3d 1166, 2009 Fla. App. LEXIS 8792, 2009 WL 1675566

District Court of Appeal of Florida | Filed: Jun 17, 2009 | Docket: 1161294

Cited 3 times | Published

factors which reasonably justify the departure...." § 921.0016(2), Fla. Stat. Wynkoop faced a minimum sentence

Jaimes v. State

19 So. 3d 347, 2009 Fla. App. LEXIS 3851, 2009 WL 1139242

District Court of Appeal of Florida | Filed: Apr 29, 2009 | Docket: 1651880

Cited 3 times | Published

As grounds for this motion, counsel cited section 921.0016(3), Florida Statutes (2004), which was repealed

Mims v. State

994 So. 2d 1233, 2008 WL 4922598

District Court of Appeal of Florida | Filed: Nov 19, 2008 | Docket: 1219843

Cited 3 times | Published

determination, because none exists. To the contrary, section 921.16(1), Florida Statutes (2000), made it clear

State v. Johnson

990 So. 2d 1115, 2008 WL 2435672

District Court of Appeal of Florida | Filed: Jun 18, 2008 | Docket: 1291952

Cited 3 times | Published

within seven days after Johnson's sentencing. See § 921.0016(1)(c), Fla. Stat. (2006). A trial court must

Donohue v. State

979 So. 2d 1058, 2008 WL 782555

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1406716

Cited 3 times | Published

aggravate the defendant's sentence pursuant to section 921.0016(3)(j), Florida Statutes, asserting the victim's

State v. Naylor

976 So. 2d 1193, 2008 WL 782882

District Court of Appeal of Florida | Filed: Mar 26, 2008 | Docket: 1680099

Cited 3 times | Published

701(d)(11); § 921.0026(1)-(2), Fla. Stat. (1997-2000); § 921.0016(1)(c) & (4), Fla. Stat. (1997 & Supp.1996); Barnes

Donohue v. State

925 So. 2d 1163, 2006 WL 1084011

District Court of Appeal of Florida | Filed: Apr 26, 2006 | Docket: 1516938

Cited 3 times | Published

aggravate appellant's sentence pursuant to section 921.0016(3)(j), Florida Statutes. The state based its

Pressley v. State

921 So. 2d 736, 2006 WL 354241

District Court of Appeal of Florida | Filed: Feb 17, 2006 | Docket: 1835823

Cited 3 times | Published

The challenged sentence was pronounced under section 921.0016(1)(c), Florida Statutes (Supp.1996), and Florida

State v. Tice

898 So. 2d 268, 2005 WL 625900

District Court of Appeal of Florida | Filed: Mar 18, 2005 | Docket: 1249168

Cited 3 times | Published

incident for which Tice had shown remorse. Section 921.0016(4), Florida Statutes (2003), provides a non-exclusive

Powell v. State

881 So. 2d 1180, 2004 WL 1906102

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1466186

Cited 3 times | Published

have been imposed consecutively, pursuant to section 921.16(1), Florida Statutes, resulting in a total

Davis v. State

852 So. 2d 355, 2003 WL 21946443

District Court of Appeal of Florida | Filed: Aug 15, 2003 | Docket: 1711015

Cited 3 times | Published

inmate sentenced to serve multiple sentences. § 921.16(2), Fla. Stat. (2002). Herein lies the problem:

Pierre v. State

821 So. 2d 1174, 2002 WL 1625460

District Court of Appeal of Florida | Filed: Jul 24, 2002 | Docket: 1657101

Cited 3 times | Published

or were treated with particular cruelty. See § 921.0016(3)(p), (e), (l), Fla. Stat. (1997). At the conclusion

State v. Lemon

825 So. 2d 927, 2002 WL 1207707

Supreme Court of Florida | Filed: Jun 6, 2002 | Docket: 1691155

Cited 3 times | Published

guidelines scoresheet. See § 921.0016(3)(i), (m), Fla. Stat. (1995); § 921.0016(3)(i), (m), Fla. Stat. (1993)

State v. Gilson

800 So. 2d 727, 2001 WL 1555547

District Court of Appeal of Florida | Filed: Dec 7, 2001 | Docket: 1683670

Cited 3 times | Published

downward departure by the legislature. See section 921.0016(5), Fla. Stat. Although the court's second

State v. Kasten

775 So. 2d 992, 2000 WL 1781069

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 1233243

Cited 3 times | Published

is a valid basis for a downward departure. See § 921.0016 Fla. Stat. (1999); see also Banks, 732 So.2d

St. Surin v. State

745 So. 2d 514, 1999 WL 1062465

District Court of Appeal of Florida | Filed: Nov 24, 1999 | Docket: 1294739

Cited 3 times | Published

imposing an upward departure sentence pursuant to section 921.0016(3)(e), Florida Statutes (1997)[1] based upon

State v. Skidmore

755 So. 2d 647, 1999 WL 565832

District Court of Appeal of Florida | Filed: Aug 4, 1999 | Docket: 1699243

Cited 3 times | Published

record does not support the downward departure. Section 921.0016(4)(d), Florida Statutes, provides that a downward

State v. O'DORLE

738 So. 2d 987, 1999 WL 462093

District Court of Appeal of Florida | Filed: Jul 9, 1999 | Docket: 441347

Cited 3 times | Published

recommended under the sentencing guidelines." § 921.0016(5), Fla. Stat. (1997). See State v. Sanders,

Scholz v. State

734 So. 2d 526, 24 Fla. L. Weekly Fed. D 1254

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 2588077

Cited 3 times | Published

submitted by appellant of mitigating factors under section 921.0016, Florida Statutes. We cannot say that the

Elmer v. State

732 So. 2d 21, 1999 WL 242511

District Court of Appeal of Florida | Filed: Apr 27, 1999 | Docket: 1160749

Cited 3 times | Published

sentences as departure sentences, pursuant to section 921.0016(3)(r), Florida Statutes (1995), in that robbery

State v. Sanders

728 So. 2d 777, 1999 WL 76405

District Court of Appeal of Florida | Filed: Feb 19, 1999 | Docket: 1254322

Cited 3 times | Published

Brown, 717 So.2d 625 (Fla. 5th DCA 1998). Section 921.0016(5), Florida Statutes (1997), prohibits departure

Wilson v. State

696 So. 2d 528, 1997 WL 375010

District Court of Appeal of Florida | Filed: Jul 9, 1997 | Docket: 1696042

Cited 3 times | Published

an escalating pattern of criminal conduct. See § 921.0016(3)(r), (p), Fla. Stat. (1995), respectively.

State v. Herrick

691 So. 2d 540, 1997 WL 155129

District Court of Appeal of Florida | Filed: Apr 4, 1997 | Docket: 1727153

Cited 3 times | Published

was apparently relying on the provisions of section 921.0016(4)(d), Florida Statutes, which makes the following

Capers v. State

670 So. 2d 967, 1995 WL 746370

District Court of Appeal of Florida | Filed: Dec 19, 1995 | Docket: 1245654

Cited 3 times | Published

victims were each vulnerable due to their age, § 921.0016(3)(j), Fla.Stat. (1993), that Capers had abused

Small v. State

667 So. 2d 299, 1995 WL 557550

District Court of Appeal of Florida | Filed: Nov 16, 1995 | Docket: 161013

Cited 3 times | Published

not intend to make any prospective ruling on section 921.0016(3)(j), Florida Statutes (1993), which authorizes

Green v. State

662 So. 2d 748, 1995 WL 675284

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1683462

Cited 3 times | Published

assumed to be appropriate for the offender." § 921.0016(1)(a), Fla. Stat. (1993). Courts should avoid

Knight v. State

611 So. 2d 602, 1993 WL 2965

District Court of Appeal of Florida | Filed: Jan 6, 1993 | Docket: 1674148

Cited 3 times | Published

reinstated, is therefore deemed consecutive. See § 921.16(1), Fla. Stat. (1991). *603 The trial court's

Turner v. State

551 So. 2d 1247, 1989 WL 125987

District Court of Appeal of Florida | Filed: Oct 26, 1989 | Docket: 1525628

Cited 3 times | Published

consecutive to the first sentence by virtue of section 921.16 Florida. Statutes 1987. Turner raises various

Simmons v. State

217 So. 2d 343

District Court of Appeal of Florida | Filed: Jan 10, 1969 | Docket: 1195740

Cited 3 times | Published

Dade County sentence under the interpretation of § 921.16, Fla. Stats., F.S.A. The order of the trial court

Shivers v. State

96 So. 3d 1039, 2012 Fla. App. LEXIS 14009, 2012 WL 3587048

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311384

Cited 2 times | Published

the same criminal episode were not illegal. See § 921.16, Fla. Stat. (1973) (“A defendant convicted of

Plott v. State

86 So. 3d 516, 2012 Fla. App. LEXIS 3362, 2012 WL 676649

District Court of Appeal of Florida | Filed: Mar 2, 2012 | Docket: 60307693

Cited 2 times | Published

ground would authorize an upward departure. See § 921.0016(3)(b), Fla. Stat. (1993). The trial court reimposed

Buss v. Reichman

53 So. 3d 339, 2011 Fla. App. LEXIS 46, 2011 WL 92956

District Court of Appeal of Florida | Filed: Jan 12, 2011 | Docket: 60298076

Cited 2 times | Published

court directs otherwise. 18 U.S.C.A. § 3584(a); § 921.16(1), Fla. Stat. (1989). Reichman is correct that

Walker v. State

988 So. 2d 6, 2007 WL 4462982

District Court of Appeal of Florida | Filed: Dec 21, 2007 | Docket: 1384750

Cited 2 times | Published

Fla. Section 13 of chapter 93-406 created section 921.0016, Florida Statutes (Supp.2004), which provided

Poole v. State

968 So. 2d 82, 2007 WL 3302443

District Court of Appeal of Florida | Filed: Nov 9, 2007 | Docket: 1498711

Cited 2 times | Published

record of prior convictions, as authorized by section 921.0016(3)(r), Florida Statutes (1994) (authorizing

State v. Szempruch

935 So. 2d 66, 2006 WL 2135866

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 1245423

Cited 2 times | Published

restitution outweighed the need for incarceration. See § 921.0016(4)(e), Fla. Stat. (2005) (stating that where

State v. Szempruch

935 So. 2d 66, 2006 WL 2135866

District Court of Appeal of Florida | Filed: Aug 2, 2006 | Docket: 1245423

Cited 2 times | Published

restitution outweighed the need for incarceration. See § 921.0016(4)(e), Fla. Stat. (2005) (stating that where

Colon v. State

905 So. 2d 1000, 2005 WL 1537257

District Court of Appeal of Florida | Filed: Jul 1, 2005 | Docket: 1711725

Cited 2 times | Published

to run consecutively. The motion was denied. Section 921.16(1)[7] provides that concurrent sentences must

State v. White

842 So. 2d 257, 2003 WL 1831123

District Court of Appeal of Florida | Filed: Apr 10, 2003 | Docket: 2582232

Cited 2 times | Published

Section 921.001(6), Florida Statutes (2001), and section 921.0016(1)(c), Florida Statutes (2001), also require

Beck v. State

817 So. 2d 858, 2002 WL 507140

District Court of Appeal of Florida | Filed: Apr 5, 2002 | Docket: 1430168

Cited 2 times | Published

departure sentence within seven days of sentencing. § 921.0016(1)(c), Fla. Stat. (2001); State v. West, 718

DeMonia v. State

806 So. 2d 545, 2001 WL 1575550

District Court of Appeal of Florida | Filed: Dec 12, 2001 | Docket: 1713036

Cited 2 times | Published

departure. The first reason is contained in section 921.0016(n), Florida Statutes (1995), which allows

State v. Coleman

780 So. 2d 1004, 2001 WL 313708

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1298664

Cited 2 times | Published

disorder and is amenable to that treatment. See § 921.0016(4)(d), Fla. Stat. (1997). To justify a downward

State v. Hoffman

745 So. 2d 985, 1999 WL 682599

District Court of Appeal of Florida | Filed: Sep 3, 1999 | Docket: 1689262

Cited 2 times | Published

supported by a preponderance of evidence. See § 921.0016(4)(c), Fla. Stat. (1997). However, the second

State v. Brooks

739 So. 2d 1223, 1999 WL 587219

District Court of Appeal of Florida | Filed: Aug 6, 1999 | Docket: 1293960

Cited 2 times | Published

victim has "good" morals? This case shows why section 921.0016(4)(f), Florida Statutes should not be used

State v. Brooks

739 So. 2d 1223, 1999 WL 587219

District Court of Appeal of Florida | Filed: Aug 6, 1999 | Docket: 1293960

Cited 2 times | Published

victim has "good" morals? This case shows why section 921.0016(4)(f), Florida Statutes should not be used

State v. Parker

733 So. 2d 1074, 1999 WL 252379

District Court of Appeal of Florida | Filed: Jun 18, 1999 | Docket: 1188165

Cited 2 times | Published

September 14, 1995 to July 3, 1996. At that time, section 921.0016(4) provided a downward departure sentence

State v. Gosier

737 So. 2d 1121, 1999 WL 346033

District Court of Appeal of Florida | Filed: Jun 2, 1999 | Docket: 1300878

Cited 2 times | Published

factors which reasonably justify the departure." § 921.0016(2), Fla. Stat. (1997). The defendant argues for

Line v. State

722 So. 2d 853, 23 Fla. L. Weekly Fed. D 2543

District Court of Appeal of Florida | Filed: Nov 18, 1998 | Docket: 1669216

Cited 2 times | Published

departure sentence with written findings."). [4] § 921.0016(1)(c), Fla. Stat. (1997) ("A state prison sentence

Mills v. State

714 So. 2d 1198, 1998 WL 438914

District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 461563

Cited 2 times | Published

offense, or to effect an escape from custody." § 921.0016(3)(o), Fla. Stat. (1995). Because the attempted

Mills v. State

714 So. 2d 1198, 1998 WL 438914

District Court of Appeal of Florida | Filed: Aug 5, 1998 | Docket: 461563

Cited 2 times | Published

offense, or to effect an escape from custody." § 921.0016(3)(o), Fla. Stat. (1995). Because the attempted

Pierre v. State

708 So. 2d 1037, 1998 WL 205694

District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 2567913

Cited 2 times | Published

within seven days thereafter as required by section 921.0016(1)(c), Florida Statutes (1997) and Florida

State v. Hill

698 So. 2d 647, 1997 WL 541159

District Court of Appeal of Florida | Filed: Sep 5, 1997 | Docket: 434538

Cited 2 times | Published

is amenable to treatment/rehabilitation. See § 921.0016(4)(d), Fla. Stat. (Supp.1996). The guidelines

Semenec v. State

698 So. 2d 900, 1997 WL 535996

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 1524265

Cited 2 times | Published

mitigation of the sentence in accordance with section 921.0016." § 921.001(6), Fla. Stat. (1993). Such aggravating

Bellamy v. State

677 So. 2d 390, 1996 WL 410722

District Court of Appeal of Florida | Filed: Jul 24, 1996 | Docket: 1689938

Cited 2 times | Published

have also been hurt by the Defendant. Fla.Stat. § 921.0016(3)(i). See also Dobson v. State, 566 So.2d 560

Barr v. State

674 So. 2d 628, 1996 WL 266141

Supreme Court of Florida | Filed: May 16, 1996 | Docket: 2574069

Cited 2 times | Published

criminal conduct. The State argues, however, that section 921.0016, Florida Statutes (1993),[1] which includes

Boomer v. State

616 So. 2d 991, 1993 WL 113520

Supreme Court of Florida | Filed: Apr 15, 1993 | Docket: 1726725

Cited 2 times | Published

more of the sentences be served concurrently. § 921.16(1), Fla. Stat. (1985). See also § 775.021(4),

Davis v. State

606 So. 2d 470, 1992 WL 280386

District Court of Appeal of Florida | Filed: Oct 14, 1992 | Docket: 136359

Cited 2 times | Published

sentence consecutive or concurrent is governed by section 921.16(1), Florida Statutes (1989). We affirm the

Tito v. State

593 So. 2d 284, 1992 WL 9705

District Court of Appeal of Florida | Filed: Jan 22, 1992 | Docket: 446349

Cited 2 times | Published

sentences in these three cases consecutive. Section 921.16, Florida Statutes (1989), provides that sentences

Perez v. State

524 So. 2d 720, 1988 WL 44474

District Court of Appeal of Florida | Filed: May 10, 1988 | Docket: 1341780

Cited 2 times | Published

Palmer). Neither does Perez's sentence contravene section 921.16(1), Florida Statutes (1983).[3] Accordingly

Farrow v. State

464 So. 2d 689, 10 Fla. L. Weekly 582

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1661142

Cited 2 times | Published

statute controls over any apparent conflict with section 921.16, Florida Statutes (1983). That statute provides

Williams v. State

441 So. 2d 1157

District Court of Appeal of Florida | Filed: Nov 22, 1983 | Docket: 1699247

Cited 2 times | Published

consecutive sentences for these above crimes, § 921.16(1), Fla. Stat. (1981), as well as to retain jurisdiction

JAY LARSON v. STATE OF FLORIDA

247 So. 3d 26

District Court of Appeal of Florida | Filed: Apr 20, 2018 | Docket: 6368587

Cited 1 times | Published

the 2001 and 2003 sentences as required by section 921.16, Florida Statutes (2012). Larson argued that

Michael Wolcoff v. State of Florida

197 So. 3d 111, 2016 Fla. App. LEXIS 11006, 2016 WL 3882717

District Court of Appeal of Florida | Filed: Jul 18, 2016 | Docket: 4113589

Cited 1 times | Published

the sentences are consecutive, See § 921.16(1), Florida Statutes (2001) (“Sentences of imprisonment

Denny Ray Hughes v. State of Florida

189 So. 3d 848, 2015 Fla. App. LEXIS 13805, 2015 WL 5438546

District Court of Appeal of Florida | Filed: Sep 16, 2015 | Docket: 2808050

Cited 1 times | Published

correct statute numbers. Finally, while section 921.16(1), Florida Statutes (2013), requires that

Plott v. State

165 So. 3d 33, 2015 WL 1955444

District Court of Appeal of Florida | Filed: May 1, 2015 | Docket: 2653947

Cited 1 times | Published

sentence for each sexual battery. 2 Section 921.0016(3)(b), Florida Statutes (1993), provides that

Adorno v. State

75 So. 3d 850, 2011 Fla. App. LEXIS 20059, 2011 WL 6264354

District Court of Appeal of Florida | Filed: Dec 16, 2011 | Docket: 60303964

Cited 1 times | Published

to age or physical or mental disability.” See § 921.0016(8)0'), Fla. Stat. (1995).1 Because the State

State v. Torres

60 So. 3d 560, 2011 Fla. App. LEXIS 6451, 2011 WL 1707210

District Court of Appeal of Florida | Filed: May 6, 2011 | Docket: 60300280

Cited 1 times | Published

So.2d 288, 296 (Fla.2001) (concluding that section 921.0016(4)(f), Florida Statutes (1997), does not prohibit

Carter v. State

67 So. 3d 242, 2010 Fla. App. LEXIS 17178, 2010 WL 4484628

District Court of Appeal of Florida | Filed: Nov 10, 2010 | Docket: 60302077

Cited 1 times | Published

to the preexisting thirty-three month sentence. § 921.16(1), Fla. Stat. (2005). In the sole ground in his

Cottengim v. State

44 So. 3d 209, 2010 Fla. App. LEXIS 13732, 2010 WL 3602757

District Court of Appeal of Florida | Filed: Sep 17, 2010 | Docket: 1928350

Cited 1 times | Published

sentence was illegal. The operative statute is section 921.16(3), Florida Statutes (2005). Prior to October

Caldwell v. State

41 So. 3d 1094, 2010 Fla. App. LEXIS 11771, 2010 WL 3191772

District Court of Appeal of Florida | Filed: Aug 13, 2010 | Docket: 1414680

Cited 1 times | Published

conclusion. On appeal, Caldwell argues that section 921.16(1), Florida Statutes (2007), requires sentences

Perry v. State

13 So. 3d 1112, 2009 Fla. App. LEXIS 9999, 2009 WL 2168786

District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 2561470

Cited 1 times | Published

Holmes v. State, 650 So.2d 1093 (Fla. 3d DCA 1995); § 921.16(1), Fla. Stat. (2005).

Perry v. State

13 So. 3d 1112, 2009 Fla. App. LEXIS 9999, 2009 WL 2168786

District Court of Appeal of Florida | Filed: Jul 22, 2009 | Docket: 2561470

Cited 1 times | Published

Holmes v. State, 650 So.2d 1093 (Fla. 3d DCA 1995); § 921.16(1), Fla. Stat. (2005).

Shores v. State

15 So. 3d 697, 2009 Fla. App. LEXIS 8506, 2009 WL 1856045

District Court of Appeal of Florida | Filed: Jun 30, 2009 | Docket: 1190874

Cited 1 times | Published

specified in section 921.0016 apply to the case at bar. But, as they also agree, section 921.0016's list of

Byrd v. State

995 So. 2d 1008, 2008 WL 4682299

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 2535107

Cited 1 times | Published

explained in writing by the trial court judge. Section 921.0016(1)(c), Florida Statutes (1993), states: A

Myers v. State

980 So. 2d 1204, 2008 WL 1884004

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1110538

Cited 1 times | Published

sentences associated with the 1992 cases. See § 921.16, Fla. Stat. (1993). This affirmance is without

Ford v. State

975 So. 2d 1191, 2008 WL 595934

District Court of Appeal of Florida | Filed: Mar 6, 2008 | Docket: 1425260

Cited 1 times | Published

concurrently impose the sentences. This is incorrect. See § 921.16(1), Fla. Stat. (2005) ("Sentences of imprisonment

Smith v. State

968 So. 2d 675, 2007 WL 3355568

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 1498713

Cited 1 times | Published

in June 2003 for the first two 2003 cases. See § 921.16(1), Fla. Stat. (providing in part that "[s]entences

Daniels v. State

884 So. 2d 220, 2004 Fla. App. LEXIS 11665, 2004 WL 1749513

District Court of Appeal of Florida | Filed: Aug 6, 2004 | Docket: 64833457

Cited 1 times | Published

the sentences and remand for resentencing. Section 921.0016(4)(d), Florida Statutes (2001 & 2002),2 provides

Byrd v. State

853 So. 2d 1103, 2003 WL 22047760

District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1660158

Cited 1 times | Published

the court changed the order to consecutive. Section 921.16(1), Florida Statutes, provides that "[a] defendant

Maddox v. State

760 So. 2d 89, 25 Fla. L. Weekly Supp. 367, 2000 Fla. LEXIS 906

Supreme Court of Florida | Filed: May 11, 2000 | Docket: 64797897

Cited 1 times | Published

“assumed to be appropriate for the offender.” § 921.0016(l)(a), Fla. Stat. (Supp.1996). The Legislature

State v. White

762 So. 2d 927, 2000 WL 377074

District Court of Appeal of Florida | Filed: Apr 14, 2000 | Docket: 1690889

Cited 1 times | Published

addiction and was amenable to treatment. See § 921.0016(4)(d), Fla. Stat. (Supp.1996). That section was

State v. Cummings

748 So. 2d 388, 2000 WL 45705

District Court of Appeal of Florida | Filed: Jan 21, 2000 | Docket: 1504843

Cited 1 times | Published

trial court's downward departures based upon section 921.0016(4)(d) are unsupported by competent substantial

State v. McLaren

763 So. 2d 1171, 2000 WL 36288

District Court of Appeal of Florida | Filed: Jan 19, 2000 | Docket: 1681895

Cited 1 times | Published

basis for departure, the legislature amended section 921.0016 to remove drug addiction as a basis for downward

Perez v. State

703 So. 2d 1131, 1997 WL 741158

District Court of Appeal of Florida | Filed: Dec 3, 1997 | Docket: 2200570

Cited 1 times | Published

reasons for the departure, as required by section 921.0016(1)(c), Florida Statutes (1995). We, therefore

Rendon v. State

690 So. 2d 645, 1997 WL 106568

District Court of Appeal of Florida | Filed: Mar 12, 1997 | Docket: 436585

Cited 1 times | Published

sentencing guidelines is reasonably justified." See § 921.0016(3). The "1994 sentencing guidelines supersede

Johnson v. State

689 So. 2d 1111, 1997 WL 54597

District Court of Appeal of Florida | Filed: Feb 12, 1997 | Docket: 1739428

Cited 1 times | Published

each of which falls within a subsection of section 921.0016, Florida Statutes (1993). The reasons as written

Platt v. State

664 So. 2d 307, 1995 Fla. App. LEXIS 12570, 1995 WL 715487

District Court of Appeal of Florida | Filed: Dec 6, 1995 | Docket: 64760626

Cited 1 times | Published

offenses. DOC, on the other hand, relied on section 921.16(1), Florida Statutes (1993), and Kirkland v

ANJ v. State

554 So. 2d 531, 1989 WL 104008

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 1693399

Cited 1 times | Published

ordinarily receive consecutive sentences. See § 921.16(1) Fla. Stat. (1987). In addressing HRS's other

Keene v. Cochran

146 So. 2d 364

Supreme Court of Florida | Filed: Nov 7, 1962 | Docket: 455500

Cited 1 times | Published

(3) years, respectively, on April 26, 1957. (See § 921.16, Florida Statutes, F.S.A.). The record clearly

State ex rel. Miller v. Kelly

88 So. 2d 118, 1956 Fla. LEXIS 3763

Supreme Court of Florida | Filed: Jun 6, 1956 | Docket: 64488092

Cited 1 times | Published

maximum each) should be served consecutively. Section 921.16, F.S.1953, F.S.A., provided that where a person

Walden v. State of Florida

District Court of Appeal of Florida | Filed: May 2, 2025 | Docket: 70052639

Published

fixed, and the trial court had discretion under section 921.16(1), Florida Statutes (2016),2 to order his

MICHAEL ALLEN LOVETT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 16, 2024 | Docket: 69050271

Published

offenses charged in the same information. See § 921.16(1), Fla. Stat. (2018). But the jury only convicted

RANDY WASHINGTON v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Mar 22, 2023 | Docket: 67068609

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 921.16(1), Fla. Stat. (1989) (“A defendant convicted

PARNELL SMITH v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 8, 2023 | Docket: 66795935

Published

of the total consecutive sentences imposed.”); § 921.16(1), Fla. Stat. (1981) (“A defendant convicted

CHRISTOPHER WALK v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Oct 6, 2022 | Docket: 65404767

Published

each count, all to be served concurrently. See § 921.16(1), Fla. Stat. (2017) (“A defendant convicted

CHRISTOPHER WALK v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 10, 2022 | Docket: 64881558

Published

probation portion would be served concurrently. See § 921.16(1), Fla. Stat. (2017) (“A defendant convicted

JOSE ANGEL MALDONADO v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 17, 2021 | Docket: 61493094

Published

under both the 1994 and 1995 guidelines. See § 921.0016(3)(j), Fla. Stat. (1993) (departure from sentencing

LENIST KEY v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Feb 12, 2020 | Docket: 16834858

Published

254 So. 3d 996, 998 (Fla. 4th DCA 2018). Section 921.0016(3)(r), Florida Statutes (1995), permits an

Cortez Kwame Johnson v. State of Florida

District Court of Appeal of Florida | Filed: Sep 12, 2019 | Docket: 16189562

Published

before the expiration of the Florida sentence. § 921.16(2), Fla. Stat. Further, “[a]lthough trial courts

ELTON NAVARE ALLEN TAYLOR v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jul 31, 2019 | Docket: 15992414

Published

more of the sentences be served consecutively.” § 921.16(1), Fla. Stat. (2018). Additionally, a trial court’s

Forte v. State

District Court of Appeal of Florida | Filed: May 22, 2019 | Docket: 15658401

Published

should run concurrently, not consecutively. Section 921.16(1), Florida Statutes (1994), the statute in

Juan L. Jenkins v. State of Florida

269 So. 3d 584

District Court of Appeal of Florida | Filed: Mar 7, 2019 | Docket: 14636278

Published

consecutive sentences violate double jeopardy. See § 921.16, Fla. Stat. (2005); State v. Cantrell, 417 So

Simmons v. State

273 So. 3d 116

District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549568

Published

that such a specific finding is required by section 921.0016(3)(p), Florida Statutes (1993), before a departure

MARCUS COLSTON v. STATE OF FLORIDA

253 So. 3d 1152

District Court of Appeal of Florida | Filed: Aug 15, 2018 | Docket: 7664430

Published

in an aggregate of 125-years’ imprisonment. See § 921.16(1), Fla. Stat. (2016) (“Sentences of imprisonment

WYLIE BILLUPS v. STATE OF FLORIDA

250 So. 3d 706

District Court of Appeal of Florida | Filed: Jun 27, 2018 | Docket: 7292496

Published

most favorably to the accused. . . . [Section 921.16, Florida Statutes (1979)]

Patterson v. State

206 So. 3d 64, 2016 Fla. App. LEXIS 18767

District Court of Appeal of Florida | Filed: Dec 21, 2016 | Docket: 63630771

Published

concurrently or consecutively). The State cites section 921.16(1), Florida Statutes (2016) to support its

Tommy Burns v. State

190 So. 3d 257, 2016 WL 2609641, 2016 Fla. App. LEXIS 6974

District Court of Appeal of Florida | Filed: May 6, 2016 | Docket: 3063750

Published

was to be served. As a result, pursuant to section 921.16, Florida.Statutes (2012), the sentence is to

Smith v. State

174 So. 3d 1025, 2015 Fla. App. LEXIS 11197, 2015 WL 4497646

District Court of Appeal of Florida | Filed: Jul 24, 2015 | Docket: 2679088

Published

was a level 4 offense, within a 180-day period. § 921.0016(3)(c), Fla. Stat. (1995). The trial court decided

Cedric Dennard v. State

157 So. 3d 1055, 2014 WL 4082938, 2014 Fla. App. LEXIS 12814

District Court of Appeal of Florida | Filed: Aug 20, 2014 | Docket: 1120041

Published

to be served concurrently or consecutively”); § 921.16(1), Fla. Stat. (1999) (court may direct that two

State of Florida v. Harry James Chubbuck

141 So. 3d 1163, 39 Fla. L. Weekly Supp. 437, 2014 WL 2765926, 2014 Fla. LEXIS 1982

Supreme Court of Florida | Filed: Jun 19, 2014 | Docket: 58842

Published

and the defendant was amenable to treatment. § 921.0016(4)(d), Fla. Stat.; Ch. 93-406, § 13. Subsection

Scott v. State

161 So. 3d 437, 2014 WL 1809688, 2014 Fla. App. LEXIS 6759

District Court of Appeal of Florida | Filed: May 7, 2014 | Docket: 60247144

Published

PER CURIAM. Affirmed. See § 921.16(1), Fla. Stat. (1995); Benyard v. Wainwright, 322 So.2d 473 (Fla

Mount v. State

97 So. 3d 951, 2012 WL 4033588, 2012 Fla. App. LEXIS 15444

District Court of Appeal of Florida | Filed: Sep 14, 2012 | Docket: 60312020

Published

Ransone v. State, 48 So.3d 692, 694 (Fla.2010). Section 921.16(1), Florida Statutes (2011), explains when

Link v. Tucker

870 F. Supp. 2d 1309, 2012 U.S. Dist. LEXIS 61816, 2012 WL 1559702

District Court, N.D. Florida | Filed: May 3, 2012 | Docket: 65982463

Published

sentences be.served consecutively. See Fla. Stat. § 921.16(1); see also Fla. Stat. § 921.0024(2) (sentencing

State v. Sweeney

67 So. 3d 1154, 2011 Fla. App. LEXIS 12307, 2011 WL 3364831

District Court of Appeal of Florida | Filed: Aug 5, 2011 | Docket: 2352099

Published

incident for which Sweeney has shown remorse. See § 921.0016(4)(j), Fla. Stat. (2007). "To support a departure

Morrison v. State

59 So. 3d 308, 2011 Fla. App. LEXIS 5565, 2011 WL 1485611

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 60299677

Published

vulnerability of the victims in the underlying cases. Section 921.0016(3)(j) permits an upward departure if this

Jimenez v. State

45 So. 3d 935, 2010 Fla. App. LEXIS 15599, 2010 WL 3984671

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 1927873

Published

without giving reasons for a departure,[1]see § 921.0016(1)(c), Fla. Stat. (1994); we find that Jimenez

Williams v. State

28 So. 3d 70, 2009 Fla. App. LEXIS 19492, 2009 WL 4604276

District Court of Appeal of Florida | Filed: Dec 8, 2009 | Docket: 1652537

Published

court found certain aggravating factors. See § 921.0016, Fla. Stat. (1997). The legislature gave the

Smalls v. State

126 So. 3d 257, 2009 Fla. App. LEXIS 13932, 2009 WL 2949328

District Court of Appeal of Florida | Filed: Sep 16, 2009 | Docket: 60236360

Published

PER CURIAM. Affirmed. § 921.16, Fla. Stat. (2001); Bilyou v. State, 404 So.2d 744 (Fla.1981); State

Behrens v. State

2 So. 3d 391, 2009 Fla. App. LEXIS 60, 2009 WL 30135

District Court of Appeal of Florida | Filed: Jan 7, 2009 | Docket: 386587

Published

disagree, as the sentence was imposed under section 921.0016(3)(r), Florida Statutes (1995), which permits

Burns v. State

995 So. 2d 1115, 2008 Fla. App. LEXIS 18066, 2008 WL 5070456

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 64856935

Published

correct in denying the motion to clarify. See § 921.16(1), Fla. Stat. (2000). On appeal, Burns also raised

Drakes v. State

990 So. 2d 592, 2008 WL 3821358

District Court of Appeal of Florida | Filed: Aug 12, 2008 | Docket: 197415

Published

Appearance for Appellee. PER CURIAM. AFFIRMED. See § 921.16(1), Fla. Stat.; Harris v. State, 771 So.2d 565

Ayala v. State

976 So. 2d 43, 2008 Fla. App. LEXIS 1055, 2008 WL 268699

District Court of Appeal of Florida | Filed: Feb 1, 2008 | Docket: 64854008

Published

victims, was not a valid basis to depart under section 921.0016, Florida Statutes (1994). Mr. Ayala also contended

Johnson v. State

973 So. 2d 1192, 2008 Fla. App. LEXIS 417, 2008 WL 140802

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 64853866

Published

with the oral pronouncement and that under section 921.16(1), Florida Statutes (2004), his sentences

Leeks v. State

973 So. 2d 1200, 2008 WL 142091

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 1687923

Published

percent increase permitted by the guidelines, § 921.0016(1)(b), Fla. Stat. (1995). Therefore, it is clear

Witchel v. State

969 So. 2d 1143, 2007 Fla. App. LEXIS 18139, 2007 WL 3355600

District Court of Appeal of Florida | Filed: Nov 14, 2007 | Docket: 64853313

Published

case, where the sentences were not enhanced. See § 921.16(1), Fla. Stat. (2000); § 921.0024(2), Fla. Stat

Finethy v. State

962 So. 2d 990, 2007 Fla. App. LEXIS 11722, 2007 WL 2189074

District Court of Appeal of Florida | Filed: Aug 1, 2007 | Docket: 64851829

Published

basis for the departure, the trial court cited section 921.0016(3)(i), which permits an upward departure if

Esquivel v. State

958 So. 2d 517, 2007 Fla. App. LEXIS 8302, 2007 WL 1549941

District Court of Appeal of Florida | Filed: May 30, 2007 | Docket: 64851029

Published

the sentencing guidelines as required under Section 921.0016(l)(c), Florida Statutes (2005), and Florida

Sanders v. State

955 So. 2d 35, 2007 Fla. App. LEXIS 3701, 2007 WL 754814

District Court of Appeal of Florida | Filed: Mar 14, 2007 | Docket: 64850386

Published

PER CURIAM. Affirmed. See § 921.16, Fla. Stat. (2005)(when a sentence is silent as to whether two cases

Harder v. State

951 So. 2d 86, 2007 WL 737521

District Court of Appeal of Florida | Filed: Mar 13, 2007 | Docket: 1682556

Published

Such circumstance authorizes an aggravation. See § 921.0016(3)(j), Fla. Stat.

Holland v. State

953 So. 2d 19, 2007 Fla. App. LEXIS 3066, 2007 WL 624735

District Court of Appeal of Florida | Filed: Mar 2, 2007 | Docket: 64849971

Published

participant, aggressor, or provoker of the incident.” § 921.0016(4)(f), Fla. Stat. (2001-2003). Because the statute

Ghanem v. State

947 So. 2d 1252, 2007 WL 247893

District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 348166

Published

sentence could have been imposed pursuant to section 921.0016(3)(d), Florida Statutes (2003). See Brooks

Bain v. State

919 So. 2d 599, 2006 Fla. App. LEXIS 363, 2006 WL 119858

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 64842045

Published

delineating the reasons for the variation.” Id. § 921.0016. The defendant maintains that the only recommended

Richardson v. State

915 So. 2d 766, 2005 WL 3336469

District Court of Appeal of Florida | Filed: Dec 9, 2005 | Docket: 1690645

Published

for departure, "leadership role by Def." See § 921.0016(3)(f), Fla. Stat. (1995) (providing for an upward

Knarich v. State

932 So. 2d 257, 2005 WL 2172240

District Court of Appeal of Florida | Filed: Sep 9, 2005 | Docket: 1285649

Published

posed by the unusual facts in Knarich's case. Section 921.0016(2), Florida Statutes (1997), does provide

Whipple v. DEPARTMENT OF CORRECTIONS, STATE

892 So. 2d 554, 2005 Fla. App. LEXIS 966, 2005 WL 236405

District Court of Appeal of Florida | Filed: Feb 2, 2005 | Docket: 472210

Published

consecutive to the St. Johns sentence pursuant to section 921.16(1), Florida Statutes (1995).[4] Whipple was

Squires v. State

891 So. 2d 600, 2005 Fla. App. LEXIS 353, 2005 WL 120492

District Court of Appeal of Florida | Filed: Jan 21, 2005 | Docket: 64835472

Published

departure has never been an appeal-able issue. See § 921.0016(2), Fla. Stat. (1997).

Wilson v. State

873 So. 2d 419, 2004 Fla. App. LEXIS 5448, 2004 WL 840219

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 64830656

Published

number 94-9233 for a total of 11.25 years. See § 921.16, Fla. Stat. (2003) (“[sentences of imprisonment

Wilson v. State

873 So. 2d 419, 2004 Fla. App. LEXIS 5448, 2004 WL 840219

District Court of Appeal of Florida | Filed: Apr 21, 2004 | Docket: 64830656

Published

number 94-9233 for a total of 11.25 years. See § 921.16, Fla. Stat. (2003) (“[sentences of imprisonment

Kiely v. State

884 So. 2d 95, 2004 Fla. App. LEXIS 5252, 2004 WL 813290

District Court of Appeal of Florida | Filed: Apr 16, 2004 | Docket: 64833427

Published

reasons for departure sentences as required by section 921.0016(c), Florida Statutes (1997), has not been

Dillard v. State

869 So. 2d 661, 2004 Fla. App. LEXIS 4095, 2004 WL 626082

District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 64829189

Published

death or great bodily harm to many persons.” § 921.0016(3)(i), Fla. Stat. (1997). The state argued that

Sanchez v. State

868 So. 2d 1250, 2004 Fla. App. LEXIS 3755, 2004 WL 574219

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 64829077

Published

PER CURIAM. Affirmed. See § 921.0016(1)(b), Fla. Stat. (2001); Hall v. State, 823 So.2d 757, 762 (Fla

State v. Stanard

859 So. 2d 572, 2003 Fla. App. LEXIS 17654, 2003 WL 22735193

District Court of Appeal of Florida | Filed: Nov 21, 2003 | Docket: 64826492

Published

could not be a mitigating factor pursuant to section 921.0016(4), Florida Statutes (2002). Moreover, the

Breitberg v. State

855 So. 2d 265, 2003 Fla. App. LEXIS 14803, 2003 WL 22239319

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 64825267

Published

758 So.2d 1222, 1224 (Fla. 4th DCA 2000); See § 921.0016(1)(c), Fla. Stat. (2003). Since it appears unclear

Gandy v. State

857 So. 2d 289, 2003 Fla. App. LEXIS 14071, 2003 WL 22149153

District Court of Appeal of Florida | Filed: Sep 19, 2003 | Docket: 64825873

Published

that were charged by separate informations. See § 921.16, Fla. Stat. (2002) (requiring sentences of imprisonment

State v. Hinson

855 So. 2d 119, 2003 WL 21738314

District Court of Appeal of Florida | Filed: Jul 29, 2003 | Docket: 1752610

Published

statutory grounds for departure are provided in section 921.0016(4), Florida Statutes (1995). However, the

State v. Paulk

842 So. 2d 212, 2003 Fla. App. LEXIS 4414, 2003 WL 1723470

District Court of Appeal of Florida | Filed: Apr 2, 2003 | Docket: 64821980

Published

under the sentencing guidelines.” Fla. Stat. § 921.0016(5) (2002). See also State v. Ford, 739 So.2d

Gilbert v. State

838 So. 2d 623, 2003 Fla. App. LEXIS 2161, 2003 WL 470214

District Court of Appeal of Florida | Filed: Feb 26, 2003 | Docket: 64820966

Published

is allowed to impose consecutive sentences, see § 921.16, Fla. Stat., Tripp, 622 So.2d at 942-43; Hoffman

Stroman v. State

837 So. 2d 1070, 2003 Fla. App. LEXIS 725, 2003 WL 161760

District Court of Appeal of Florida | Filed: Jan 24, 2003 | Docket: 64820851

Published

In Rozmestor, the Fifth District held that section 921.16(1), Florida Statutes (1979), permitted a court

Fox v. State

827 So. 2d 377, 2002 Fla. App. LEXIS 14568, 2002 WL 31251033

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64817917

Published

more of the sentences be served concurrently.” § 921.16(1), Fla. Stat. (1991). At sentencing on the 1992

Espinoza v. State

821 So. 2d 379, 2002 Fla. App. LEXIS 9673, 2002 WL 1466232

District Court of Appeal of Florida | Filed: Jul 10, 2002 | Docket: 64816414

Published

the upward-departure sentence as required by section 921.0016(l)(c), Fla. Stat. (1993) and Rule 3.702(d)(18)

Knox v. State

814 So. 2d 1185, 2002 WL 596376

District Court of Appeal of Florida | Filed: Apr 19, 2002 | Docket: 1717827

Published

precluded from considering the applicability of section 921.0016(4)(f), Florida Statutes (Supp.1998), to crimes

Smith v. State

807 So. 2d 733, 2002 Fla. App. LEXIS 1417, 2002 WL 215355

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 64812610

Published

the sentences to run consecutive pursuant to section 921.16(1), Fla. Stat. (1995). See also Brace v. State

Valdriche v. State

807 So. 2d 169, 2002 Fla. App. LEXIS 1395, 2002 WL 215224

District Court of Appeal of Florida | Filed: Feb 13, 2002 | Docket: 64812438

Published

(Fla.2001), or in the upward departure sentence. § 921.0016(3), Fla. Stat. (1997). See McCallister v. State

Diaz v. State

804 So. 2d 620, 2002 Fla. App. LEXIS 430, 2002 WL 80938

District Court of Appeal of Florida | Filed: Jan 23, 2002 | Docket: 64811624

Published

any other prior sentences. Consequently under section 921.16(1) Florida Statutes (2001), and Bruce v. State

Sharife v. Moore

795 So. 2d 105, 2001 Fla. App. LEXIS 7836, 2001 WL 617506

District Court of Appeal of Florida | Filed: Jun 7, 2001 | Docket: 64808750

Published

below conclusively refuted this claim. See also § 921.16(2), Fla. Stat. (1991). We do not reach any issue

Kist v. State

787 So. 2d 106, 2001 Fla. App. LEXIS 5106, 2001 WL 387924

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 64806038

Published

upward departure sentence in accordance with section 921.0016(3)(f), Florida Statutes (1997). Accordingly

Atwater v. State

781 So. 2d 1149, 2001 Fla. App. LEXIS 3411, 2001 WL 256077

District Court of Appeal of Florida | Filed: Mar 16, 2001 | Docket: 64804636

Published

departure” be filed within the same time frame. § 921.0016(l)(c), Fla. Stat. (1999). The State contends

Ervin v. State

778 So. 2d 993, 26 Fla. L. Weekly Supp. 72, 2001 Fla. LEXIS 254, 2001 WL 101727

Supreme Court of Florida | Filed: Feb 8, 2001 | Docket: 64803913

Published

because it is fundamental error.”). . See § 921.0016(3)0, Fla. Stat. (1997) ("The victim was especially

Clark v. State

780 So. 2d 184, 2001 Fla. App. LEXIS 826, 2001 WL 76944

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64804323

Published

the statutory departure reason set forth in section 921.0016(3)(i), Florida Statutes (Supp.1996). AFFIRMED

State v. Fulton

777 So. 2d 1134, 2001 Fla. App. LEXIS 803, 2001 WL 76815

District Court of Appeal of Florida | Filed: Jan 31, 2001 | Docket: 64803628

Published

appealed the downward departure sentence. Section 921.0016, Florida Statutes (2000), was amended effective

State v. Hurley

772 So. 2d 594, 2000 Fla. App. LEXIS 15500, 2000 WL 1759888

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 64802074

Published

was not a valid basis for departure under section 921.0016(4)(a), Florida Statutes, or under the circumstances

Himes v. State

775 So. 2d 381, 2000 Fla. App. LEXIS 15416, 2000 WL 1744803

District Court of Appeal of Florida | Filed: Nov 29, 2000 | Docket: 64802951

Published

645, 647 (Fla. 4th DCA 1997). In this case, section 921.0016(3)(o), Florida Statutes (1995), expressly

Hoffman v. State

776 So. 2d 286, 2000 WL 1726840

District Court of Appeal of Florida | Filed: Nov 22, 2000 | Docket: 64803227

Published

Consecutive sentences on the two counts are permissible, § 921.16, Fla. Stat. (1991), and appellant acknowledged

Jennings v. State

765 So. 2d 878, 2000 Fla. App. LEXIS 10685, 2000 WL 1161914

District Court of Appeal of Florida | Filed: Aug 18, 2000 | Docket: 64799892

Published

reasons in support of its upward departure under section 921,0016(3), Florida Statutes: *8791. There was a substantial

Reed v. State

761 So. 2d 1241, 2000 Fla. App. LEXIS 8739, 2000 WL 953411

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 64798547

Published

sentence. He claims he met the criteria under section 921.0016(4)(i) and (j), Florida Statutes (1995), permitting

Emmett v. State

764 So. 2d 675, 2000 Fla. App. LEXIS 6531, 2000 WL 694110

District Court of Appeal of Florida | Filed: May 31, 2000 | Docket: 64799396

Published

is subject to multiple sentencing); see also § 921.16(1) (1981) (giving trial court discretion to direct

State v. Stalvey

795 So. 2d 968, 2000 Fla. App. LEXIS 4226, 2000 WL 370269

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64808992

Published

State v. Rife, the Fifth District relied on section 921.0016(4)(f), Florida Statutes (1995) (allowing downward

Paredes v. State

760 So. 2d 167, 2000 Fla. App. LEXIS 3723, 2000 WL 313544

District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 64797914

Published

order within fifteen days after sentencing. See § 921.0016(l)(e), Fla. Stat. (1993). The defendant did not

State v. Nelson

780 So. 2d 91, 2000 Fla. App. LEXIS 1044, 2000 WL 140438

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 64804306

Published

Bostick, 715 So.2d 298 (Fla. 4th DCA 1998); § 921.0016(4)(d), (5), Fla. Stat. (1997).

Ruiz v. State

743 So. 2d 581, 1999 Fla. App. LEXIS 12530, 1999 WL 743872

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64791743

Published

departure from the sentencing guidelines. Section 921.0016(3)®, Florida Statutes (1997), provides that

Rahyns v. State

752 So. 2d 617, 1999 Fla. App. LEXIS 12527, 1999 WL 743611

District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 64795558

Published

Colon-Morales v. State

743 So. 2d 101, 1999 Fla. App. LEXIS 12384, 1999 WL 743542

District Court of Appeal of Florida | Filed: Sep 16, 1999 | Docket: 64791655

Published

obtain leave to appeal in forma pauperis.2 Section 921.16(2), Florida Statutes, has been construed as

Francois v. State

739 So. 2d 733, 1999 Fla. App. LEXIS 12198, 1999 WL 729103

District Court of Appeal of Florida | Filed: Sep 13, 1999 | Docket: 64790334

Published

PER CURIAM. Affirmed. See § 921.0016(3)(i), Fla.Stat. (1995); Jordan v. State, 728 So.2d 748 (Fla. 3d

Lashley v. State

741 So. 2d 1149, 1999 Fla. App. LEXIS 10702, 1999 WL 599254

District Court of Appeal of Florida | Filed: Aug 11, 1999 | Docket: 64791209

Published

accompanied by written reasons as required by section 921.0016(c), Florida Statutes (1997), and Florida Rule

Kerklin v. Godwin

747 So. 2d 956, 1999 Fla. App. LEXIS 9683, 1999 WL 510635

District Court of Appeal of Florida | Filed: Jul 21, 1999 | Docket: 64793546

Published

run consecutively to the two-year sentence. See § 921.16, Fla. Stat. (1997) (sentences for offenses not

State v. Higginbotham

737 So. 2d 596, 1999 Fla. App. LEXIS 9252, 1999 WL 492592

District Court of Appeal of Florida | Filed: Jul 14, 1999 | Docket: 64789454

Published

substance abuse. However, it should be noted that section 921.0016(5), Florida Statutes (1997), effective July

Jowett v. State

739 So. 2d 121, 1999 Fla. App. LEXIS 8919, 1999 WL 445798

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 64790140

Published

Rule of Criminal Procedure 3.702(d)(18) and section 921.0016(l)(e), Florida Statutes (1997). We vacate

Block v. State

763 So. 2d 1057, 1999 Fla. App. LEXIS 7912, 1999 WL 393649

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 64799179

Published

circumstance chosen by the trial court is listed in section 921.0016, Florida Statutes, as “[t]he victim was physically

Guzzi v. State

736 So. 2d 37, 1999 Fla. App. LEXIS 6802, 1999 WL 333226

District Court of Appeal of Florida | Filed: May 26, 1999 | Docket: 64789043

Published

considered a downward departure sentence under -section 921.0016, Florida Statutes (1997), because appellant

Robinson v. Moore

730 So. 2d 1280, 1999 Fla. App. LEXIS 6050, 24 Fla. L. Weekly Fed. D 1149

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 64787773

Published

604 So.2d 916, 918 (Fla. 3d DCA 1992); see also § 921.0016(3)(j). Petition denied.

Wilson v. State

734 So. 2d 444, 1999 Fla. App. LEXIS 5648, 1999 WL 270037

District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 64788581

Published

State, 620 So.2d 187 (Fla.1993). We note that section 921.0016(3)(o), Florida Statutes (1995), provides that

State v. Dominguez

732 So. 2d 36, 1999 Fla. App. LEXIS 5510, 1999 WL 253445

District Court of Appeal of Florida | Filed: Apr 30, 1999 | Docket: 64788086

Published

as a valid reason for departure. However, section 921.0016(5), Florida Statutes (1997), effective July

State v. Rodriguez

727 So. 2d 411, 1999 Fla. App. LEXIS 3116, 1999 WL 141844

District Court of Appeal of Florida | Filed: Mar 17, 1999 | Docket: 64786511

Published

departure sentence, we affirm the sentence. See § 921.0016(4)(j), Fla. Stat. (1995). The point raised by

Jordan v. State

728 So. 2d 748, 1998 WL 621355

District Court of Appeal of Florida | Filed: Mar 10, 1999 | Docket: 53300

Published

statutory or case law criteria are *751 met. See id. § 921.0016. Section 775.0823 does not preclude a departure

Nobles v. State

734 So. 2d 1075, 1999 Fla. App. LEXIS 4624, 1999 WL 72226

District Court of Appeal of Florida | Filed: Feb 17, 1999 | Docket: 64788722

Published

contrary to law. The motions were denied. Section 921.0016(2), Florida Statutes (1997), gives the appellant

State v. Clark

724 So. 2d 653, 1999 Fla. App. LEXIS 266, 1999 WL 12698

District Court of Appeal of Florida | Filed: Jan 15, 1999 | Docket: 64785579

Published

to the effective date of the amendment to section 921.0016(4)(d), Florida Statutes (1997). . There

Baker v. State

723 So. 2d 338, 1998 Fla. App. LEXIS 15634, 1998 WL 852509

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 64785093

Published

broke off the encounter and had Baker leave. Section 921.0016(3)(m) seeks to punish a defendant for inflicting

Pinto v. State

721 So. 2d 791, 1998 Fla. App. LEXIS 15525, 1998 WL 877632

District Court of Appeal of Florida | Filed: Dec 9, 1998 | Docket: 64784649

Published

specifically permits this basis for departure, § 921.0016(4)(e), Fla. Stat. (1997), became effective only

Paul v. State

722 So. 2d 224, 1998 Fla. App. LEXIS 13919, 1998 WL 771406

District Court of Appeal of Florida | Filed: Nov 4, 1998 | Docket: 64784895

Published

by means of concealment, guile, or fraud.” See § 921.0016(3)(i),(m),(n), Fla. Stat. (1995). Paul appeals

State v. Silver

722 So. 2d 222, 1998 Fla. App. LEXIS 13680, 1998 WL 746155

District Court of Appeal of Florida | Filed: Oct 28, 1998 | Docket: 64784894

Published

participant in the criminal conduct,” see section 921.0016(4)(b), Florida Statutes (1993), and i‘the

Hogan v. State

719 So. 2d 957, 1998 Fla. App. LEXIS 12834, 1998 WL 712692

District Court of Appeal of Florida | Filed: Oct 14, 1998 | Docket: 64783821

Published

Among the grounds argued for departure under section 921.0016, Florida Statutes, the state argued that under

State v. Osborn

717 So. 2d 1110, 1998 Fla. App. LEXIS 12291, 1998 WL 655554

District Court of Appeal of Florida | Filed: Sep 25, 1998 | Docket: 64782910

Published

from the recommended guidelines sentence. Section 921.0016(4)(d), Florida Statutes (1995), states that

State v. West

718 So. 2d 266, 1998 Fla. App. LEXIS 11316, 1998 WL 558987

District Court of Appeal of Florida | Filed: Sep 4, 1998 | Docket: 64783174

Published

departure sentences, upward or downward are required. § 921.0016(l)(c); Fla. R.Crim. P. 3.701(d)(ll). We think

McCallister v. State

716 So. 2d 821, 1998 WL 484112

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 424571

Published

departure from the guideline sentence was based on section 921.0016(l), Florida Statutes (1997), in that the "victim

State v. Nelson

715 So. 2d 1045, 1998 Fla. App. LEXIS 9532, 1998 WL 422463

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 64782140

Published

legislature, in direct response to Barbera, enacted § 921.0016(5), Fla. Stat. (1997), effective July. 1, 1997

Langford v. State

714 So. 2d 569, 1998 Fla. App. LEXIS 7889, 1998 WL 347567

District Court of Appeal of Florida | Filed: Jul 1, 1998 | Docket: 64781856

Published

reason for the departure is not included within section 921.0016, Florida Statutes (1995), which sets forth

State v. Banks

712 So. 2d 1165, 1998 Fla. App. LEXIS 6641, 1998 WL 372469

District Court of Appeal of Florida | Filed: Jun 12, 1998 | Docket: 64781589

Published

1998), has added a condition not found in section 921.0016(4)(e), Florida Statutes (1995), or Florida

Vicaria v. Department of Health

715 So. 2d 285, 1998 Fla. App. LEXIS 6160, 1998 WL 281345

District Court of Appeal of Florida | Filed: Jun 3, 1998 | Docket: 64782024

Published

the statutory guidelines are departed from. See § 921.0016, Fla. Stat. (1997). In sum, there are very good

Smith v. State

710 So. 2d 753, 1998 Fla. App. LEXIS 5941, 1998 WL 263833

District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 64780883

Published

court’s imposition of a departure sentence. See § 921.0016(3)(1), Fla. Stat. (1997); cf., Lowe v. State

Gilbert v. State

706 So. 2d 135, 1998 Fla. App. LEXIS 2127, 1998 WL 88275

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 64779087

Published

and (b) vulnerability due to age of the victim, § 921.0016(3)0), Fla. Stat. (1996). We find that the evidence

Gulley v. State

706 So. 2d 110, 1998 Fla. App. LEXIS 1590, 1998 WL 66935

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 64779048

Published

information shall be served concurrently. See § 921.16(1), Fla. Stat. (1995). When felony and misdemeanor

Gulley v. State

706 So. 2d 110, 1998 Fla. App. LEXIS 1590, 1998 WL 66935

District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 64779048

Published

information shall be served concurrently. See § 921.16(1), Fla. Stat. (1995). When felony and misdemeanor

Clark v. State

705 So. 2d 49, 1997 Fla. App. LEXIS 14106, 1997 WL 816492

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 64778617

Published

sentence' pursuant to section 921.0016(3)(e), Florida Statutes (1995). Section 921.0016(3)(e), however, only

Williams v. State

697 So. 2d 1309, 1997 Fla. App. LEXIS 9466, 1997 WL 473676

District Court of Appeal of Florida | Filed: Aug 20, 1997 | Docket: 64775399

Published

written reasons for the departure as required by section 921.0016(l)(c), Florida Statutes (1995), and rule 3

State v. Fisher

696 So. 2d 1364, 1997 Fla. App. LEXIS 8493, 1997 WL 414292

District Court of Appeal of Florida | Filed: Jul 25, 1997 | Docket: 64775097

Published

PER CURIAM. AFFIRMED. See § 921.0016(4)(d), Fla. Stat. (1995). GOSHORN, THOMPSON and ANTOON, JJ., concur

Martin v. State

696 So. 2d 1329, 1997 Fla. App. LEXIS 8420, 22 Fla. L. Weekly Fed. D 1769

District Court of Appeal of Florida | Filed: Jul 23, 1997 | Docket: 64775071

Published

PER CURIAM. Affirmed. § 921.0016(l)(d), Fla. Stat. (1994).

State v. Thomas

696 So. 2d 1290, 1997 Fla. App. LEXIS 8169, 1997 WL 394814

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 64775044

Published

the sentencing judge.1 We also note that section 921.0016(l)(c), Florida Statutes (1995), now allows

State v. Clary

694 So. 2d 108, 1997 Fla. App. LEXIS 5617, 1997 WL 270616

District Court of Appeal of Florida | Filed: May 23, 1997 | Docket: 64773869

Published

reasons for the departure that were based upon section 921.0016(4), Florida Statutes (1995). The state objected

State v. Scott

693 So. 2d 86, 1997 Fla. App. LEXIS 4870, 1997 WL 216602

District Court of Appeal of Florida | Filed: May 2, 1997 | Docket: 64773312

Published

defendant exhibits the potential to be rehabilitated. § 921.0016(4)(d), Fla. Stat. (1995); State v. Cohen, 667

Rosado v. State

691 So. 2d 595, 1997 Fla. App. LEXIS 3955, 1997 WL 181208

District Court of Appeal of Florida | Filed: Apr 16, 1997 | Docket: 64772464

Published

reason for an enhancement departure comes from section 921.0016(3)(j), Florida Statutes (1995), which provides:

State v. Evans

692 So. 2d 157, 22 Fla. L. Weekly Supp. 191, 1997 Fla. LEXIS 337, 1997 WL 167017

Supreme Court of Florida | Filed: Apr 10, 1997 | Docket: 64772601

Published

forth written reasons for departure sentences. Section 921.0016(1), Florida Statutes (1993), requires that

Jackson v. State

687 So. 2d 36, 1997 Fla. App. LEXIS 133, 1997 WL 12936

District Court of Appeal of Florida | Filed: Jan 15, 1997 | Docket: 64770621

Published

six months preceding the instant offenses, see § 921.0016(3)(e), Fla.Stat. (1995); and (2) appellant’s

Abney v. State

685 So. 2d 1027, 1997 Fla. App. LEXIS 101, 1997 WL 7121

District Court of Appeal of Florida | Filed: Jan 10, 1997 | Docket: 64770203

Published

PETERSON, C.J., and GRIFFIN, J„ concur. . Section 921.0016(3)(m) of the Florida Statutes (1995), authorizes

Short v. State

685 So. 2d 80, 1996 Fla. App. LEXIS 13272, 1996 WL 729641

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64769908

Published

2d 983 (Fla.1995). We note that, pursuant to section 921.16(1), Fla. Stat. (1993), in the absence of court

Norton v. State

682 So. 2d 1232, 1996 Fla. App. LEXIS 12242, 1996 WL 670556

District Court of Appeal of Florida | Filed: Nov 20, 1996 | Docket: 64769035

Published

written reasons for the departure as required by section 921.0016(l)(c), Florida Statutes (1995), and rule 3

Moody v. State

677 So. 2d 1001, 1996 Fla. App. LEXIS 8667, 1996 WL 457218

District Court of Appeal of Florida | Filed: Aug 14, 1996 | Docket: 64766515

Published

Id. at 271. The appellant was sentenced under § 921.0016, Florida Statutes (1993), which expressly does

Caldwell v. State

676 So. 2d 44, 1996 Fla. App. LEXIS 6712, 1996 WL 349954

District Court of Appeal of Florida | Filed: Jun 27, 1996 | Docket: 64765993

Published

ruling the court rejected as inapplicable section 921.0016, Florida Statutes, which includes as a valid

J.M. v. State

677 So. 2d 890, 1996 Fla. App. LEXIS 6691

District Court of Appeal of Florida | Filed: Jun 26, 1996 | Docket: 64766469

Published

cruel, id. § 921.0016(3)(b), or where there is extraordinary emotional trauma. Id. § 921.0016(3)(e); see

Evans v. State

696 So. 2d 368, 1996 Fla. App. LEXIS 6336, 1996 WL 332340

District Court of Appeal of Florida | Filed: Jun 18, 1996 | Docket: 64774701

Published

within 15 days of sentencing, as required by section 921.0016(l)(c), Florida Statutes (1993), and Florida

Williams v. State

675 So. 2d 225, 1996 Fla. App. LEXIS 6332, 1996 WL 325339

District Court of Appeal of Florida | Filed: Jun 14, 1996 | Docket: 64765259

Published

the 25% increase in prison time allowed by section 921.0016(l)(b) without giving departure reasons, does

State v. Eaves

674 So. 2d 908, 1996 Fla. App. LEXIS 5693, 1996 WL 293422

District Court of Appeal of Florida | Filed: Jun 4, 1996 | Docket: 64765080

Published

departure as required by rule 3.702(d)(18) and section 921.0016(l)(c), Florida Statutes (1993). Although the

Hudson v. State

672 So. 2d 575, 1996 Fla. App. LEXIS 3558, 1996 WL 165416

District Court of Appeal of Florida | Filed: Apr 10, 1996 | Docket: 64764060

Published

and 921.0016(3)(o), Florida Statutes (1993). Section 921.0016(3)(h) provides: The defendant knew the victim

Roberts v. State

677 So. 2d 309, 1996 Fla. App. LEXIS 2238, 1996 WL 100837

District Court of Appeal of Florida | Filed: Mar 11, 1996 | Docket: 64766302

Published

prison sentence by more than 25 percent....” § 921.0016(l)(c), Fla.Stat. (1993); Fla.R.Crim.P. 3.702(d)(18)

Brown v. State

667 So. 2d 901, 1996 Fla. App. LEXIS 873, 1996 WL 46887

District Court of Appeal of Florida | Filed: Feb 7, 1996 | Docket: 64762203

Published

constitutes a valid reason for departure. See also § 921.0016(3)(i), Fla. Stat. (1993); Hernandez v. State

Lindsey v. State

664 So. 2d 1088, 1995 Fla. App. LEXIS 12622, 1995 WL 722901

District Court of Appeal of Florida | Filed: Dec 8, 1995 | Docket: 64760961

Published

death or great bodily harm to many persons. See § 921.0016(3)0), Fla.Stat. (1993). Briefly, the facts on

Noisette v. State

661 So. 2d 350, 1995 Fla. App. LEXIS 10403, 1995 WL 581657

District Court of Appeal of Florida | Filed: Oct 5, 1995 | Docket: 64759227

Published

valid reason for imposing a departure sentence. § 921.0016(3)(e), Fla.Stat. (1993). We find that the trial

Stevenson v. State

659 So. 2d 432, 1995 Fla. App. LEXIS 8527, 1995 WL 471663

District Court of Appeal of Florida | Filed: Aug 11, 1995 | Docket: 64758356

Published

written sentences are silent on this point. Section 921.16(1), Florida Statutes (1993), provides in pertinent

Hooks v. State

656 So. 2d 624, 1995 Fla. App. LEXIS 7300, 1995 WL 387008

District Court of Appeal of Florida | Filed: Jul 3, 1995 | Docket: 64757272

Published

court did not comply with the requirements of section 921.0016(l)(c), Florida Statutes, and Florida Rule

Cohen v. State

656 So. 2d 525, 1995 Fla. App. LEXIS 5726, 1995 WL 316349

District Court of Appeal of Florida | Filed: May 26, 1995 | Docket: 64757224

Published

1994 statutory and rule amendments found in section 921.0016, Florida Statutes, and Rule 3.702, Florida

Johnson v. Singletary

883 F. Supp. 1535, 1995 U.S. Dist. LEXIS 5837, 1995 WL 254338

District Court, M.D. Florida | Filed: Apr 26, 1995 | Docket: 1707828

Published

sentences be served consecutively." Fla.Stat. § 921.16(1) (emphasis added). The Florida legislature clearly

Ashford v. State

652 So. 2d 1195, 1995 Fla. App. LEXIS 3080, 1995 WL 124679

District Court of Appeal of Florida | Filed: Mar 24, 1995 | Docket: 64755311

Published

presumption is that Ashford’s sentences are consecutive. § 921.16(1), Fla.Stat. (1993). Although the sentences were

Leone v. State

643 So. 2d 1198, 1994 Fla. App. LEXIS 10115, 1994 WL 576111

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 64751516

Published

violation of felony probation. Additionally, under section 921.16(2), Florida Statutes (1987), a court may, but

Buchanan v. State

644 So. 2d 583, 1994 Fla. App. LEXIS 10113, 1994 WL 575467

District Court of Appeal of Florida | Filed: Oct 21, 1994 | Docket: 64751801

Published

court exceeded the discretion allowed it under section 921.16, Florida Statutes (1993), and im-permissibly

Paxson v. State

637 So. 2d 341, 1994 Fla. App. LEXIS 5000, 19 Fla. L. Weekly Fed. D 1182

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 64748529

Published

inform the court that it had the power under section 921.16(2), Florida Statutes (1993), to have Paxson

Milton v. State

637 So. 2d 77, 1994 Fla. App. LEXIS 4797, 1994 WL 195249

District Court of Appeal of Florida | Filed: May 20, 1994 | Docket: 64748408

Published

PER CURIAM. AFFIRMED. § 921.16, Fla.Stat. (1993); Johnson v. State, 538 So.2d 553 (Fla. 2d DCA 1989)

Janney v. State

599 So. 2d 731, 1992 Fla. App. LEXIS 6213, 1992 WL 114650

District Court of Appeal of Florida | Filed: Jun 2, 1992 | Docket: 64667733

Published

pleas. In Richardson, the court stated: Under section 921.16(2), Florida Statutes (1981), a Florida court

Macon v. State

596 So. 2d 769, 1992 Fla. App. LEXIS 3883, 1992 WL 63948

District Court of Appeal of Florida | Filed: Apr 3, 1992 | Docket: 64666544

Published

not order the sentences to run consecutive, section 921.16(1), Fla.Stat. (1991) requires that they run

McWhite v. State

578 So. 2d 46, 1991 Fla. App. LEXIS 3534, 1991 WL 56375

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 64658076

Published

to the misdemean- or sentences. Pursuant to section 921.16(1), Florida Statutes (1989), a defendant convicted

Ash v. State

554 So. 2d 553, 14 Fla. L. Weekly 2757, 1989 Fla. App. LEXIS 6693, 1989 WL 143442

District Court of Appeal of Florida | Filed: Nov 30, 1989 | Docket: 64647217

Published

(1987). . § 775.082(3)(d), Fla.Stat. (1987). . § 921.16, Fla.Stat.1987. . Florida Rule of Criminal Procedure

In the Interest of A.N.J. v. State

554 So. 2d 531, 14 Fla. L. Weekly 2103, 1989 Fla. App. LEXIS 4992

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 64647214

Published

ordinarily receive consecutive sentences. See § 921.16(1) Fla.Stat. (1987). In addressing HRS’s other

Branam v. State

540 So. 2d 158, 14 Fla. L. Weekly 656, 1989 Fla. App. LEXIS 1246, 1989 WL 20116

District Court of Appeal of Florida | Filed: Mar 10, 1989 | Docket: 64641136

Published

over the discretion given to a trial judge by section 921.16, Florida Statutes (1987) to impose concurrent

Wilson v. State

531 So. 2d 1031

District Court of Appeal of Florida | Filed: Oct 4, 1988 | Docket: 64637376

Published

consecutive box was checked. We note that pursuant to section 921.16 Florida Statutes, where, as here, the court

Branam v. State

514 So. 2d 422, 12 Fla. L. Weekly 2506, 1987 Fla. App. LEXIS 10735

District Court of Appeal of Florida | Filed: Oct 30, 1987 | Docket: 64630457

Published

the sentence is not concurrent with any other. § 921.16(1), Fla.Stat. (1987). After remand the trial court

Daniels v. State

506 So. 2d 1085, 12 Fla. L. Weekly 1109, 1987 Fla. App. LEXIS 8014

District Court of Appeal of Florida | Filed: Apr 29, 1987 | Docket: 64626990

Published

concurrent with the sentences for counts 1-18. Section 921.16(1), Florida Statutes (1985), provides that

Ricks v. State

478 So. 2d 869, 10 Fla. L. Weekly 2570, 1985 Fla. App. LEXIS 5929

District Court of Appeal of Florida | Filed: Nov 20, 1985 | Docket: 64615609

Published

sentence. This ground is legally insufficient. Under § 921.16(2), Fla.Stat., (1981) the court may impose a sentence

Nedd v. Wainwright

449 So. 2d 982, 1984 Fla. App. LEXIS 13029

District Court of Appeal of Florida | Filed: May 10, 1984 | Docket: 64604569

Published

the sentences are to be served concurrently. Section 921.16(1), Florida Statutes (1983). Respondent further

Snell v. State

438 So. 2d 1038, 1983 Fla. App. LEXIS 22503

District Court of Appeal of Florida | Filed: Oct 14, 1983 | Docket: 64600055

Published

same information must be served concurrently. § 921.16(1), Fla.Stat. (1981). Therefore, Snell in his

Cook v. Florida Parole & Probation Commission

415 So. 2d 845, 1982 Fla. App. LEXIS 20338

District Court of Appeal of Florida | Filed: Jun 23, 1982 | Docket: 64590725

Published

We affirm. The rule is not in conflict with Section 921.16(1), Florida Statutes (1981). The Division of

Ellis v. State

406 So. 2d 76, 1981 Fla. App. LEXIS 21673

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 64586219

Published

that change under the Villery rule, and (2) section 921.16, Florida Statutes, does not authorize a sentence

Pattmon v. State

404 So. 2d 1177, 1981 Fla. App. LEXIS 21394

District Court of Appeal of Florida | Filed: Oct 23, 1981 | Docket: 64585595

Published

separate indictment, information, or affidavit. § 921.16, Fla.Stat. As constituted, the new sentence is

Purwin v. State

385 So. 2d 165, 1980 Fla. App. LEXIS 16653

District Court of Appeal of Florida | Filed: Jun 27, 1980 | Docket: 64576901

Published

sentences or concurrent sentences. In fact, section 921.16(1), Florida Statutes (1979), says when two

Loving v. State

379 So. 2d 968, 1979 Fla. App. LEXIS 16333

District Court of Appeal of Florida | Filed: Dec 6, 1979 | Docket: 64574238

Published

directed by the trial judge. Helton v. Mayo, supra; § 921.16, Florida Statutes (1977). We find no indication

Wood v. State

375 So. 2d 10, 1979 Fla. App. LEXIS 15797

District Court of Appeal of Florida | Filed: Jul 10, 1979 | Docket: 64571965

Published

assumed to be cognizable under Rule 3.850. Section 921.16(1), Florida Statutes (1978 Supp.) forecloses

Dorfman v. State

351 So. 2d 954, 1977 Fla. LEXIS 3980

Supreme Court of Florida | Filed: Jul 28, 1977 | Docket: 64561198

Published

consecutive or concurrent sentences as to each. See § 921.16, Fla.Stat. (1971); Fla.R.Crim.P. 3.722. . See

Ago

Florida Attorney General Reports | Filed: Mar 24, 1976 | Docket: 3256225

Published

Procedure 3.722, adopted February 1, 1973, and Section 921.16, Florida Statutes (1973). Our Rule of Criminal

Tereul v. Wainwright

327 So. 2d 199, 1976 Fla. LEXIS 4381

Supreme Court of Florida | Filed: Feb 11, 1976 | Docket: 64552569

Published

date at August 26, 1980. Further, relying on Section 921.16, Florida States (1971),6 Segal and Joseph,

McNamara v. State

324 So. 2d 702, 1975 Fla. App. LEXIS 19089

District Court of Appeal of Florida | Filed: Dec 2, 1975 | Docket: 64551632

Published

recognizes the conflict between Rule 3.722, RCrP, and § 921.16, Fla.Stat. Rule 3.722, RCrP, directs that sentences

Holley v. Wainwright

326 So. 2d 411, 1975 Fla. LEXIS 4534

Supreme Court of Florida | Filed: Nov 19, 1975 | Docket: 64552440

Published

sentences imposed for prior offenses, pursuant to Section 921.16, Florida Statutes (1969), which was then applicable

Rice v. State

243 So. 2d 226, 1971 Fla. App. LEXIS 5390

District Court of Appeal of Florida | Filed: Jan 27, 1971 | Docket: 64518421

Published

In view of the express provisions of F.S. section 921.16, F.S.A., the statement by the court that such

White v. State

240 So. 2d 150, 1970 Fla. LEXIS 2340

Supreme Court of Florida | Filed: Oct 7, 1970 | Docket: 64516924

Published

pronounced.” Respondent contends that F.S. section 921.16, F.S.A., and F.S. section 944.40, F.S.A., preclude

Garner v. State

218 So. 2d 460, 1969 Fla. App. LEXIS 6259

District Court of Appeal of Florida | Filed: Feb 7, 1969 | Docket: 64508308

Published

informations. This is authorized by statute. F.S. § 921.16, F.S.A. expressly provides that— “[wjhen the defendant

Wicker v. McCall

203 So. 2d 342, 1967 Fla. App. LEXIS 4450

District Court of Appeal of Florida | Filed: Oct 27, 1967 | Docket: 64502677

Published

trial only, in so far as it is applicable to Section 921.16, there is no showing that any such technical

Tirko v. Wainwright

178 So. 2d 697, 1965 Fla. LEXIS 2824

Supreme Court of Florida | Filed: Oct 6, 1965 | Docket: 64494223

Published

five year sentence from Dade County. Under Section 921.16, Florida Statutes, F.S.A., the Alachua County

Harrington v. Wainwright

148 So. 2d 260

Supreme Court of Florida | Filed: Jan 4, 1963 | Docket: 60209073

Published

be legally in the custody of the respondent. Section 921.16, Florida Statutes, F.S.A.; Greer v. Culver

State ex rel. Sumrall v. Cochran

122 So. 2d 609, 1960 Fla. LEXIS 2287

Supreme Court of Florida | Filed: Jul 27, 1960 | Docket: 60195473

Published

here. This question is further put at rest by Section 921.16, Florida Statutes, F.S.A. By complaint (2)

Baker v. Cochran

120 So. 2d 441, 1960 Fla. LEXIS 2438

Supreme Court of Florida | Filed: May 11, 1960 | Docket: 60194892

Published

sentences is supported by the language of F.S. § 921.16, F.S.A., which provides: “When sentences to be

Greer v. Culver

113 So. 2d 386, 1959 Fla. LEXIS 1506

Supreme Court of Florida | Filed: Jun 26, 1959 | Docket: 60192866

Published

concurrently with the first sentence, then under Section 921.16, Florida Statutes, F.S.A., it must be held

Hughes v. State

103 So. 2d 207, 1958 Fla. App. LEXIS 2880

District Court of Appeal of Florida | Filed: Apr 30, 1958 | Docket: 60190255

Published

first and second counts of the Information. Section 921.16, F.S.A., provides : “When the defendant has

Wright v. Mayo

85 So. 2d 230

Supreme Court of Florida | Filed: Jan 6, 1956 | Docket: 64487585

Published

sentences were entered before the passage of F.S. § 921.16, F.S.A., which was intended to clarify such a

Hall v. Mayo

83 So. 2d 845

Supreme Court of Florida | Filed: Dec 14, 1955 | Docket: 64487424

Published

alleging that his detention was in violation of Section 921.16, Florida Statutes, F.S.A. The writ and return

Franey v. Mayo

83 So. 2d 421

Supreme Court of Florida | Filed: Nov 16, 1955 | Docket: 64487374

Published

in the other. Under the pertinent statute, Section 921.16, supra, sentences not ordered to run concurrently

Hall v. Mayo

85 So. 2d 592

Supreme Court of Florida | Filed: Sep 16, 1955 | Docket: 64487628

Published

petitioner' was held illegally contrary to Section 921.16, F.S.A. Return of respondent shows that petitioner

Ex parte Sams

67 So. 2d 657, 1953 Fla. LEXIS 1690

Supreme Court of Florida | Filed: Oct 20, 1953 | Docket: 64484785

Published

nonexistent, Helton v. Mayo, supra, the provisions of section 921.16, Florida Statutes 1951, F.S.A., became applicable

State Ex Rel. McArthur v. Mayo

22 So. 2d 254, 156 Fla. 14, 1945 Fla. LEXIS 733

Supreme Court of Florida | Filed: May 22, 1945 | Docket: 3268885

Published

If Section 921.16 F.S. 1941 had been in effect when the two sentences of Sept. 28, 1939 were imposed