From Casetext: Smarter Legal Research

Rivera v. State

District Court of Appeal of Florida, Third District
Jun 21, 1988
526 So. 2d 1046 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-650.

June 21, 1988.

An Appeal from the Circuit Court for Dade County; Ellen J. Morphonios, Judge.

Bennett H. Brummer, Public Defender, and Harold Mendelow and Leonard F. Baer, Sp. Asst. Public Defenders, for appellant.

Robert A. Butterworth, Atty. Gen., and Mark S. Dunn, Asst. Atty. Gen., for appellee.

Before HUBBART, DANIEL S. PEARSON and FERGUSON, JJ.


The defendant was convicted of first-degree murder and armed robbery and sentenced thereon to life imprisonment and a term of 134 years on the respective convictions. We affirm the convictions. See Oregon v. Elstad, 470 U.S. 298, 105 S.Ct. 1285, 84 L.Ed.2d 222 (1985). However, as the State concedes, the sentence of 134 years of imprisonment for armed robbery, which departs from the recommended guideline sentence, is not supported by valid reasons. Accordingly, this sentence is reversed with directions to impose a sentence on the armed robbery conviction within the range of the recommended guideline.

Affirmed in part; reversed in part.


Summaries of

Rivera v. State

District Court of Appeal of Florida, Third District
Jun 21, 1988
526 So. 2d 1046 (Fla. Dist. Ct. App. 1988)
Case details for

Rivera v. State

Case Details

Full title:SAMUEL RIVERA, A/K/A TONY EL ENFERMO, APPELLANT, v. THE STATE OF FLORIDA…

Court:District Court of Appeal of Florida, Third District

Date published: Jun 21, 1988

Citations

526 So. 2d 1046 (Fla. Dist. Ct. App. 1988)

Citing Cases

Rivera v. State

His conviction and life sentence on the first degree murder count were upheld on direct appeal, although his…

Rivera v. Dixon

On direct appeal, his sentence of 134 years for robbery was reversed and remanded, and he was resentenced to…