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Ruiz v. State

District Court of Appeal of Florida, First District
Apr 18, 1991
578 So. 2d 436 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-00744.

April 18, 1991.

Appeal from the Circuit Court, Escambia County, Lacey Collier, J.

Spiro T. Kypreos, Pensacola, for appellant.

Robert A. Butterworth, Atty. Gen., and Laura Rush, Asst. Atty. Gen., Tallahassee, for appellee.


This cause is before us on appeal from judgment and departure sentences following a jury trial for robbery with a firearm and kidnapping with a firearm. Appellant has raised two issues for our consideration, one of which requires discussion.

The trial court entered a departure sentence and found that:

[A] minor, 16 years of age, was involved with the defendant in the crimes for which he was convicted. On the facts presented at the trial and at sentencing, the Court further finds that the defendant exercised enough control and authority over the minor that the minor would not have been involved in the crimes except for the actions of the defendant.

This written reason is insufficient to support a departure sentence. Hallman v. State, 560 So.2d 223 (Fla. 1990). Therefore, we must reverse appellant's sentence. The Florida Supreme Court has held that when all written reasons for departure are invalid, the trial court, on remand, must resentence appellant within the guidelines. Shull v. Dugger, 515 So.2d 748 (Fla. 1987).

Accordingly, we affirm the judgment, reverse the sentence, and remand for resentencing within the guidelines.

BOOTH, ZEHMER and WOLF, JJ., concur.


Summaries of

Ruiz v. State

District Court of Appeal of Florida, First District
Apr 18, 1991
578 So. 2d 436 (Fla. Dist. Ct. App. 1991)
Case details for

Ruiz v. State

Case Details

Full title:CRISTOVAL RUIZ, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Apr 18, 1991

Citations

578 So. 2d 436 (Fla. Dist. Ct. App. 1991)