Legal Opinion

Debose v. State

District Court of Appeal of Florida

Decided October 3, 1997No. 96-1902Published

1Per curiam

Arthur Debose appeals the judgment and sentence finding him guilty of one count of murder in the first degree and two counts of kidnapping and sentencing him to life in prison with a minimum mandatory sentence of 25 years on the murder count and to 40 years in prison on each of the kidnapping counts, with all of the terms running consecutively.

We find error only in the consecutive running of the sentences, which the State properly concedes constitutes a sentencing guideline departure for which no written reasons were provided. Because the record reflects that the trial court did not realize…

2Cases cited3 opinions

  1. State v. BetancourtSupreme Court of Florida · 1989
  2. Hicks v. StateDistrict Court of Appeal of Florida · 1994
  3. State v. MarshDistrict Court of Appeal of Florida · 1997

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