Heddings v. State

Full title: HARVEY EDWARD HEDDINGS, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Mar 4, 1986

484 So. 2d 66 (Fla. Dist. Ct. App. 1986)

Opinion

No. 84-1701.

March 4, 1986.

An Appeal from the Circuit Court for Monroe County, David P. Kirwan, Judge.

Bennett H. Brummer, Public Defender, and Loren H. Cohen and Julian S. Mack, Sp. Asst. Public Defenders, for appellant.

Jim Smith, Atty. Gen., and Michele L. Crawford, Asst. Atty. Gen., for appellee.

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

PER CURIAM.

We affirm the conviction for grand theft as appellant has failed to show reversible error. The circumstantial evidence pointed to appellant as the perpetrator of the offense to the reasonable exclusion of any other person. See Love v. State, 438 So.2d 142 (Fla. 3d DCA 1983).

We vacate the sentencing part of the judgment with instructions to the trial court to impose a sentence within the guideline range or to give written reasons for departure from the sentencing guidelines. State v. Boynton, 478 So.2d 351 (Fla. 1985).

Affirmed in part and remanded for further proceedings accordingly.