Costantino v. State

Full title: ROBERT COSTANTINO, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 9, 1988

521 So. 2d 338 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-0740.

March 9, 1988.

Appeal from the Circuit Court for Broward County; Lawrence L. Korda, Judge.

Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

We affirm the conviction of the defendant. However, we reverse and remand for resentencing to score the defendant's conviction for two counts of aggravated assault as third degree felonies. See Griffin v. State, 509 So.2d 980 (Fla. 2d DCA 1987). Also, on remand the trial court should set forth written reasons for any departure from the guideline sentence. Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986).

AFFIRMED IN PART; REVERSED IN PART; REMANDED FOR RESENTENCING.

GLICKSTEIN, GUNTHER and STONE, JJ., concur.