WILLIE ROOSEVELT BROWN, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that a departure sentence must be reversed if based on both permissible and impermissible reasons, and the impermissible reason might have influenced the sentence.
The trial court departed from the recommended guideline sentence based on several reasons, including the defendant's juvenile record, other unconvicte…
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DAUKSCH, Judge.
This is an appeal from a sentence. The court based its departure from the recommended guideline sentence upon both permissible and impermissible reasons. Because the state has not shown beyond a reasonable doubt that the absence of the impermissible reason would not have affected the departure sentence, we must reverse the sentence and remand for resentencing. Griffin v. State, 479 So. 2d 739 (Fla.1985).
An examination of the court’s reasons for the departure for the purpose of determining whether they are “clear and convincing” is inherent in a review of the extent of a departure. Albritton v. State, 476 So. 2d 158 (Fla.1985). The trial court’s reliance on appellant’s juvenile record which was not scored in computing the recommended sentence is valid. Weems v. State, 469 So. 2d 128 (Fla.1985). The court’s reliance on the fact that appellant committed offenses other than the ones for which he received sentences, is not clear and convincing because these other offenses did not result in convictions. Fla.R. Crim.P. 3.701(d)(ll). In its final reason, the court acknowledges the professional manner in which appellant committed the crimes. This is a valid reason for departure because appellant’s professional manner is a factor related to the instant offense. See Dickey v. State, 458 So. 2d 1156 (Fla. 1st DCA 1984). ’
The sentence is reversed and this matter remanded for resentencing. See also Al-britton v. State, 476 So. 2d 158 (Fla.1985).
REVERSED and REMANDED.
ORFINGER and COWART, JJ., concur.
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Mullen v. State, 483 So. 2d 754 (Fla. 5th DCA 1986)…mination that Mullen was dealing drugs at the time he was arrested. Additionally, the court properly considered the method of transportation since a sentencing court can consider the professional manner in which a crime is committed. Brown v. State, 480 So. 2d 225 (Fla. 5th DCA 1985). The quantity of drugs involved in a crime has also been held to be a [*756] proper reason for departure even though it is an element of the convicted offense. Benitez v. State, 470 So. 2d 734 (Fla. 2d DCA 1985); Mitchell v. Stat…
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Hernandez v. State, 575 So. 2d 640 (Fla. 1991)…So. 2d 338 (Fla. 4th DCA 1986); Williams v. State, 497 So. 2d 716 (Fla.3d DCA 1986), review denied, 506 So. 2d 1043 (Fla.1987); Lewis v. State, 496 So. 2d 211 (Fla. 1st DCA 1986); Mullen v. State, 483 So. 2d 754 (Fla. 5th DCA 1986); Brown v. State, 480 So. 2d 225 (Fla. 5th DCA 1985); Dickey v. State, 458 So. 2d 1156 (Fla. 1st DCA 1984).…
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Young v. State, 502 So. 2d 1347 (Fla. 2d DCA 1987)…ial court would have departed for the sole remaining reason. The trial court’s second reason for departure appears to be valid. The professional manner in which a crime is committed has been found to be a valid reason for departure. Brown v. State, 480 So. 2d 225 (Fla. 5th DCA 1985); Dickey v. State, 458 So. 2d 1156 (Fla. 1st DCA 1984), implicitly overruled on other grounds by Hendrix v. State, 475 So. 2d 1218 (Fla. 1985). Our confidence in the trial court’s statement that any of the factors alone would just…
Previewing 3 of 10 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Weems v. State, 469 So. 2d 128 (Fla. 1985)
- Winford Lee Dickey v. State, 458 So. 2d 1156 (Fla. 1st DCA 1984)
- Griffin v. State, 479 So. 2d 739 (Fla. 1985)