Legal Opinion

Stoltzfus v. State

District Court of Appeal of Florida

Decided May 28, 1999No. 98-1211PublishedCited by 2 opinions

1Opinion of the CourtThompson, J.

We have reviewed the record and the points on appeal and find no reversible error. We write to point out that a life sentence imposed pursuant to section 921.0014(2) is not a departure sentence in support of which there must be written reasons. Such a sentence is not a departure since a plain reading of the statute authorizes the court to impose a life sentence if the defendant scores 368 or more sentencing points. Kalapp v. State, 729 So.2d 987, 24 Fla. L. Weekly D815 (Fla. 5th DCA 1999).

AFFIRMED.

W. SHARP and ANTOON, JJ., concur.

2Cases cited1 opinion

  1. Kalapp v. StateDistrict Court of Appeal of Florida · 1999

3Cited by2 opinions

  1. Franco v. StateDistrict Court of Appeal of Florida · 2001
  2. Byrd v. StateDistrict Court of Appeal of Florida · 2003