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Migilore v. State

District Court of Appeal of Florida, First District
Oct 19, 1989
550 So. 2d 163 (Fla. Dist. Ct. App. 1989)

Opinion

No. 89-396.

October 19, 1989.

Appeal from the Circuit Court, Jackson County, Robert McCrary, J.

Michael E. Allen, Public Defender, and Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., and Virlindia A. Sample, Asst. Atty. Gen., Tallahassee, for appellee.


This cause is before us on appeal from a departure sentence. The only statement of the reasons for departure is found in the guideline scoresheet and states:

He is an habitual offender in that he has no respect for the property of others and has committed heinous crimes while awaiting sentence on this crime. He shows no remorse.

None of the reasons listed on the scoresheet is sufficient for departure from the guidelines. Whitehead v. State, 498 So.2d 863 (Fla. 1987); Hill v. State, 498 So.2d 544 (Fla. 1st DCA 1986); Aleman v. State, 498 So.2d 967 (Fla. 2d DCA 1986); Bradley v. State, 509 So.2d 1137 (Fla. 2d DCA 1987); State v. Mischler, 488 So.2d 523 (Fla. 1986); Hendrix v. State, 475 So.2d 1218 (Fla. 1985); Rease v. State, 485 So.2d 5 (Fla. 1st DCA 1986); Pendleton v. State, 493 So.2d 1111 (Fla. 1st DCA 1986); Sarvis v. State, 465 So.2d 573 (Fla. 1st DCA 1985); Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

Accordingly, we reverse the trial court's sentence and remand the case for resentencing within the guidelines.

BOOTH, JOANOS and BARFIELD, JJ., concur.


Summaries of

Migilore v. State

District Court of Appeal of Florida, First District
Oct 19, 1989
550 So. 2d 163 (Fla. Dist. Ct. App. 1989)
Case details for

Migilore v. State

Case Details

Full title:JAMES MIGILORE, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 19, 1989

Citations

550 So. 2d 163 (Fla. Dist. Ct. App. 1989)