Branam v. State

In Branam v. State, 540 So. 2d 158 (Fla. 2d DCA 1989), this court considered the issue of whether the trial court must stack maximum sentences to reach a minimum guidelines sentence. The Court certified the following question to the Florida Supreme Court: When there are multiple convictions and maximum sentences which in the aggregate are less than called for by the sentencing guidelines scoresheet, must a trial judge impose consecutive sentences in order to bring the sentences within the guidelines or as close thereto as possible? Id. at 159. The Florida Supreme Court answered the certified question in the affirmative. See Branam v. State, 554 So. 2d 512, 514 (Fla. 1990). In its opinion, the court then added: Unless upward or downward departures are justified by valid written reasons, a trial judge may not depart from the guidelines recommendation. Since uniformity in the sentencing process is the goal, all sentences should reflect, or attempt to reflect, the guidelines as closely as possible unless valid reasons for departure are found. Thus, in those instances where the statutory minimums or maximums preclude sentencing within the guidelines recommendation, the trial judge must impose either concurrent or consecutive sentences, as the case may be, in order to come as close as possible to the guidelines scoresheet recommendation. Id. at 513.