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Fitzsimmons v. State

District Court of Appeal of Florida, Second District
Aug 1, 1990
564 So. 2d 627 (Fla. Dist. Ct. App. 1990)

Opinion

No. 88-00365.

August 1, 1990.

Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Joseph R. Bryant, Asst. Atty. Gen., Tampa, for appellee.


The defendant was convicted of kidnapping and battery, offenses he committed in 1987. The trial judge sentenced the defendant to life for the kidnapping and one year imprisonment for the battery, the sentences to be served consecutively. He listed twenty-nine reasons for departure.

The defendant's only point on appeal addresses the departure sentence. We agree with the defendant that all of the reasons for departure from the sentencing guidelines are either invalid as a matter of law or are not supported by the record.

We affirm the defendant's convictions, but remand for resentencing within the recommended range of the guidelines. Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

SCHOONOVER, C.J., and CAMPBELL, J., concur.


Summaries of

Fitzsimmons v. State

District Court of Appeal of Florida, Second District
Aug 1, 1990
564 So. 2d 627 (Fla. Dist. Ct. App. 1990)
Case details for

Fitzsimmons v. State

Case Details

Full title:MICHAEL FITZSIMMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Second District

Date published: Aug 1, 1990

Citations

564 So. 2d 627 (Fla. Dist. Ct. App. 1990)