Moreno v. State

In this case, the recommended guidelines sentence range was 12-30 months’ incarceration. The sentence, imposed without reasons justifying departure, was imprisonment for five years with provision that after serving 13 months, the balance of the sentence (being 47 months) was suspended subject to the successful completion of a period of five years’ probation. This is a true split sentence as described in section 948.01(8), Florida Statutes, and the issue is whether the sentence imposed is a departure sentence and invalid because of the lack of justifying reasons.

Franklin v. State, 526 So.2d…