RALPH SANCHIOUS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a sentence based on both valid and invalid reasons for enhancement must be vacated if the appellate court cannot be convinced beyond a reasonable doubt that the invalid reasons did not affect the sentence.
Appellant was convicted of sexual battery and false imprisonment. The trial court imposed an enhanced sentence based on multiple reasons, some of whic…
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SHARP, Judge.
This is an appeal from a conviction and sentencing for sexual battery1 and false imprisonment.2 There is sufficient evidence in the record to support the trial court’s denial of appellant’s motion for judgment of acquittal, and as to this point we affirm. However, the “departure” sentence 3 imposed in this case must be vacated.
Appellant contends his sentence was enhanced for legally impermissible reasons. The trial court filed a seven-page document detailing numerous reasons for enhancing appellant’s sentence. Several of the reasons given have been held to be invalid justification for deviating from the sentencing guidelines.4 When both valid and invalid reasons are relied upon by a trial court to enhance a defendant’s sentence, an appellate court must reverse unless it is convinced beyond a reasonable doubt that the trial judge’s sentence was not affected by the invalid reasons.5 Here, that burden is not met. We therefore vacate the sentence and remand for resentencing.
VACATE SENTENCE AND REMAND.
COBB, C.J., and ORFINGER, J., concur. . § 794.011(3), Fla.Stat. (1983).
. § 775.082(3)(d), Fla.Stat. (1983).
. Fla.R.Crim.P. 3.701(d)(ll).
. Knowlton v. State, 466 So. 2d 278 (Fla. 4th DCA 1985); Hubler v. State, 458 So. 2d 350 (Fla. 1st DCA 1984).
. Albritton v. State, 476 So. 2d 158 (Fla.1985); State v. Young, 475 So. 2d 699 (Fla.1985).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986)…h DCA 1985), in this case it is combined with an impermissible reason so the sentence must be vacated for the reasons set forth in Albritton v. State, 476 So. 2d 158 (Fla.1985). See DeVane v. State, 479 So. 2d 137 (Fla. 5th DCA 1985); Cord v. State, 478 So. 2d 1191 (Fla. 5th DCA 1985); Hall v. State, 78 So. 2d 519 (Fla. 5th DCA 1985); Shelton v. State, 478 So. 2d 433 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985); Bentley v. State, 477 So. 2d 58 (Fla. 5th DCA 1985); Holt v. Stat…
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Keen v. State, 481 So. 2d 1274 (Fla. 5th DCA 1986)…This case is legally indistinguishable from the following post-Hendrix/Albritton cases from this court reversing departure sentences based on the defendant’s prior criminal record: DeVane v. State, 479 So. 2d 137 (Fla. 5th DCA 1985); Cord v. State, 478 So. 2d 1191 (Fla. 5th DCA 1985); Hall v. State, 478 So. 2d 519 (Fla. 5th DCA 1985); Shelton v. State, 478 So. 2d 433 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985); Bentley v. State, 477 So. 2d 58 (Fla. 5th DCA 1985); Holt v. Sta…
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Degroat v. State, 489 So. 2d 1163 (Fla. 5th DCA 1986)…Fla. 5th DCA 1986); Parker v. State, 481 So. 2d 560 (Fla. 5th DCA 1986); State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986); Brown v. State, 480 So. 2d 225 (Fla. 5th DCA 1985); Dirk v. State, 479 So. 2d 265 (Fla. 5th DCA 1985); Sanchious v. State, 478 So. 2d 1191 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985).…
Authorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Hubler v. State, 458 So. 2d 350 (Fla. 1st DCA 1984)
- Knowlton v. State, 466 So. 2d 278 (Fla. 4th DCA 1985)