Morganti v. State

I concur with the majority that a defendant does not have the right to reject probation and elect incarceration. However, I agree with the defendant that the $10,000 fine constituted an enhanced sentence.

*595When we, for the second time, remanded this case for resentencing within the guidelines (Morganti v. State, 510 So.2d 1182 (Fla. 4th DCA 1987), rev’d, 524 So.2d 641 (Fla.1988)), the trial judge complied in all respects except that he tacked on a $10,000 fine. The state cites several cases which have held that a fine is not an impermissible enhancement. However, the Supreme Court of Florida…