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Robinson v. State

District Court of Appeal of Florida, Fourth District
Dec 3, 1986
497 So. 2d 1355 (Fla. Dist. Ct. App. 1986)
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Summary

In Robinson I, the court made no mention of the other departure reasons that were stated on the record by the trial court as part of the oral sentence.

Summary of this case from Robinson v. State
See 2 Summaries

Opinion

No. 84-2098.

December 3, 1986.

Appeal from the Circuit Court for Palm Beach County, Richard B. Burk, J.

Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Carolyn V. McCann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Appellant Frank S. Robinson appeals his conviction and sentence for burglary and petit theft. We affirm the conviction but vacate the sentence and remand for resentencing. First, the trial court erred by failing to include written reasons for departure from the sentencing guidelines. State v. Johnson, 486 So.2d 535 (Fla. 1986). Second, the trial court erred in using Robinson's habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So.2d 863 (Fla. 1986).

AFFIRMED IN PART; REVERSED IN PART and REMANDED for resentencing.

LETTS, GLICKSTEIN and DELL, JJ., concur.

Summaries of

Robinson v. State

District Court of Appeal of Florida, Fourth District
Dec 3, 1986
497 So. 2d 1355 (Fla. Dist. Ct. App. 1986)

In Robinson I, the court made no mention of the other departure reasons that were stated on the record by the trial court as part of the oral sentence.

Summary of this case from Robinson v. State

In Robinson v. State, 497 So.2d 1355 (Fla. 4th DCA 1986), this court reversed for resentencing because the trial court failed to assign written reasons for departure, and under Whitehead v. State, 498 So.2d 863 (Fla. 1986), the trial court improperly used the defendant's habitual offender status as a reason for departure.

Summary of this case from Robinson v. State
Case details for

Robinson v. State

Case Details

Full title:FRANK S. ROBINSON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 3, 1986

Citations

497 So. 2d 1355 (Fla. Dist. Ct. App. 1986)

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