DONALD WADE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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OVERTON, Justice.
In Wade v. State, 466 So. 2d 1086 (Fla. 1st DCA 1985), the district court certified the following question:
When an appellate court finds that a sentencing court relied upon a reason or reasons that are impermissible under Florida Rule of Criminal Procedure 3.701 in making its decision to depart from the sentencing guidelines, should the appellate court examine the other reasons given by the sentencing court to determine if those reasons justify departure from the guidelines or should the case be remanded for a resentencing?
Id. at 1087. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. In Albritton v. State, 476 So. 2d 158, 160 (Fla.1985), we held that “when a departure sentence is grounded on both valid and invalid reasons ... the sentence should be reversed and the case remanded for resentencing unless the state is able to show beyond a reasonable doubt that the absence of the invalid reasons would not have affected the departure sentence.” See State v. Burch, 476 So. 2d 663 (Fla.1985); State v. Carney, 476 So. 2d 165 (Fla.1985); Brooks v. State, 476 So. 2d 163 (Fla.1985); State v. Young, 476 So. 2d 161 (Fla.1985). In light of our recent decisions, we remand this cause to the district court for reconsideration.
It is so ordered.
BOYD, C.J., and ADKINS, McDONALD, EHRLICH, SHAW and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Santana v. State, 507 So. 2d 680 (Fla. 2d DCA 1987)…id and invalid reasons are found, the sentence must be reversed and remanded for resentencing unless the state can prove beyond a reasonable doubt that the trial court would have departed to the same extent absent the invalid reasons. Wade v. State, 482 So. 2d 346 (Fla.1986); Albritton v. State, 476 So. 2d 158 (Fla.1985). The trial court in the instant case set out its reasons for departure in a lengthy, three-page Order of Aggravating Circumstances in which it stated in detail the particular facts in the rec…
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Alphonso McNEALY v. State, 502 So. 2d 54 (Fla. 2d DCA 1987)…shown beyond a reasonable doubt that the court would have departed from the guidelines sentence without consideration of the impermissible reasons, we reverse and remand for resentencing. Albritton v. State, 476 So. 2d 158 (Fla.1985); Wade v. State, 482 So. 2d 346 (Fla.1986). We find no merit in appellant’s two remaining points on appeal. Accordingly, we affirm appellant’s conviction, but we reverse the sentence and remand to the trial court for resentencing. In the event the trial court again decides to de…
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Desmond H. Franks v. State, 502 So. 2d 1369 (Fla. 2d DCA 1987)…doubt that the departure sentence would have been imposed absent the second reason which we find is improper. Therefore, pursuant to Albritton v. State, 476 So. 2d 158 (Fla. 1985), we reverse the sentence and remand for resentencing. Wade v. State, 482 So. 2d 346 (Fla.1986). The judgment is affirmed; the sentence is reversed and remanded for resentencing. SCHOONOVER and SANDERLIN, JJ., concur. . It is appropriate, as we have done in this case, to look to the record to better ascertain the sufficiency of t…
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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)
- State v. Carney, 476 So. 2d 165 (Fla. 1985)
- State v. Enmund, 476 So. 2d 165 (Fla. 1985)
- State v. Young, 476 So. 2d 161 (Fla. 1985)
- State v. Burch, 476 So. 2d 663 (Fla. 1985)
- Brooks v. State, 476 So. 2d 163 (Fla. 1985)
- Hovey v. State, 466 So. 2d 1086 (Fla. 4th DCA 1985)
- Wade v. State, 466 So. 2d 1086 (Fla. 1st DCA 1985)