Taylor v. State

ON MOTION FOR REHEARING OR CLARIFICATION

COBB, Chief Judge.

On rehearing, the appellant argues that this court erred in affirming the lower court’s sentence when the recommended guidelines sentence was three years and the court imposed a split sentence totaling fifteen years (twelve years of probation) without giving a clear and convincing reason for departure. The offense had occurred prior to the effective date of the July, 1984, amendment to Florida Rule of Criminal Procedure 3.701, Committee Note (d)(12). This new amendment allows the non-incarcerative portion of a split sentence to exceed…