Failure to Comply Sentence Found in Error


The defendant/appellant in this case was sentenced to 36 months for the third degree felony of failure to comply with a police officer's order. The defendant had led law enforcement on a high-speed chase and then crashed his vehicle into a house. He appealed this sentence contending that the trial court abused its discretion. He alleged that the trial court abused its discretion by improperly considering an element of the case/alleged offense as more serious for the purpose of imposing a maximum sentence. Imposition of maximum sentence for failure to comply with an order of a police officer was error where trial court used an element of offense to determine that defendant's crime was more serious than the norm for sentencing purposes.