ROBERT RACINO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm appellant’s conviction for burglary and sexual battery, but reverse the sentences and remand for resentencing. The trial court stated three specific grounds for departure from the sentencing guidelines and several additional grounds appear in the body of the Order for Aggravation of Sentence. One of the stated grounds is invalid: “that the defendant perjured himself during his testimony.” The state has not shown beyond a reasonable doubt that the absence of this invalid reason would not have affected the departure sentence. Albritton v. State, 476 So. 2d 158 (Fla.1985). We remand for reconsideration of the sentence without taking into account the purported perjury.
HERSEY, C.J., and HURLEY and DELL, JJ., concur.
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Cresswell v. State, 564 So. 2d 480 (Fla. 1990)…orcement officer is clearly entitled to stop a vehicle for a traffic violation. See Hansbrough v. State, 509 So. 2d 1081, 1084 (Fla.1987). However, the stop must last no longer than the time it takes to write the traffic citation. State v. Anderson, 479 So. 2d 816, 818 (Fla. 4th DCA 1985). In this case, Cresswell was detained for approximately forty-five minutes, the time necessary to obtain a narcotics dog. To justify such a detention, an officer must have a reasonable suspicion based on articulable facts th…
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Sanon v. Joseph, 588 So. 2d 1014 (Fla. 2d DCA 1991)…consumed by Hennis to issue two minor citations was improper. The law is clear that the length of a traffic stop detention cannot exceed the time necessary to issue the citation. See Cresswell v. State, 564 So. 2d 480 (Fla.1990); State v. Anderson, 479 So. 2d 816 (Fla. 4th DCA 1985). Although it is fair to conclude Hennis’s slow-moving approach to issuing the citations was calculated to give Kemp time to arrive rather than to accomplish the task at hand, it is not necessary for us to decide this close questi…
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Smith v. State, 484 So. 2d 649 (Fla. 4th DCA 1986)…part from the guidelines. The second reason stated by the trial court also fails to support the departure. We have consistently held that a “defendant’s perjury” does not constitute a valid reason for departure from the guidelines. Racino v. State, 479 So. 2d 816 (Fla. 4th DCA 1985); McBride v. State, 477 So. 2d 1091 (Fla. 4th DCA 1985); Bowdoin v. State, 464 So. 2d 596 (Fla. 4th DCA 1985); Mischler v. State, 458 So. 2d 37 (Fla. 4th DCA 1984). Finally, ' we hold that the trial court’s third reason for depar…
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- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)