Hamilton v. State

Full title: VINCENT V. HAMILTON, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Second District

Date published: Oct 20, 1989

550 So. 2d 164 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-03520.

October 20, 1989.

Appeal from the Circuit Court for Hillsborough County; John P. Griffin, Judge.

James Marion Moorman, Public Defender, and Deborah K. Brueckheimer, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Davis G. Anderson, Jr., Asst. Atty. Gen., Tampa, for appellee.

CAMPBELL, Chief Judge.

Appellant, Vincent V. Hamilton, was found guilty of first degree murder and armed burglary and was sentenced to life, with a twenty-five-year minimum mandatory term for the murder conviction and a five year term for the armed burglary conviction.

Appellant raises three issues of which we find merit in and discuss only the sentencing issue regarding the five-year sentence imposed on the armed burglary conviction that was to be served concurrently with the murder sentence. The guidelines recommended a sentence of two-and-one-half to three-and-one-half years. The court did not offer written reasons for the departure sentence. This was error under Hendrix v. State, 475 So.2d 1218 (Fla. 1985); Fla.R. Crim.P. 3.701(b)6; Fla.R.Crim.P. 3.701(d)11.

Accordingly, while we affirm the convictions, we reverse and remand the sentence on the armed burglary conviction for resentencing within the guidelines range.

SCHOONOVER and PATTERSON, JJ., concur.