BONNIE TILLMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1986-02-13
No. 85-941
COBB, C.J., and ORFINGER, J., concur.
482 So. 2d 603 Florida District Court of Appeal, Fifth District (1986) Negative Treatment
Cited by 12 cases
Topics
Sentencing Guidelines Departure

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Opinion of the Court
COWART, Judge.

COWART, Judge.

We vacate defendant’s sentence and remand for resentencing because the reason given by the trial judge for departing from the recommended guideline sentence (being his conclusion that defendant had no intention of abiding by the law or probation) was factually based solely on defendant’s “extensive [criminal] record.” Defendant’s prior criminal record was factored into the calculation of the recommended guideline sentence and is, therefore, not a permissible reason for departure from the recommended sentence. Hendrix v. State, 475 So. 2d 1218 (Fla.1985). See Casteel v. State, 481 So. 2d 72 (Fla. 1st DCA 1986) (conclusion that “the defendant’s prior history of criminal activity and behavior establishes a pattern of conduct that renders him a continuing and serious threat to the community” is based factually on defendant’s prior convictions and current convictions and therefore is improper basis for departure); see also Pilgrim v. State, 480 So. 2d 688 (Fla. 5th DCA 1986).

We affirm the trial court’s denial of defendant’s motion to withdraw his plea.

CONVICTION AFFIRMED; SENTENCE VACATED and CAUSE REMANDED.

COBB, C.J., and ORFINGER, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Holden v. State, 487 So. 2d 1199 (Fla. 5th DCA 1986)
    …need for societal protection. While we may agree that this particular defendant’s conduct poses a threat to society, this reason is invalid because it is factually based on Holden’s prior convictions and on the current conviction. Tillman v. State, 482 So. 2d 603 (Fla. 5th DCA 1986); Fowler v. State, 482 So. 2d 602 (Fla. 5th DCA 1986); Casteel v. State, 481 So. 2d 72 (Fla. 1st DCA 1986), Pilgrim v. State, 480 So. 2d 688 (Fla. 5th DCA 1985). [*1202] Since none of the three reasons provides a valid basis for d…
  • Riggins v. State, 489 So. 2d 180 (Fla. 1st DCA 1986)
    …Roberson v. State, 483 So. 2d 528 (Fla. 5th DCA 1986) (criminal history and defendant’s inability to live sober existence in nonstructured environment without violating the laws of society are insubstantial reasons for departure); Tillman v. State, 482 So. 2d 603 (Fla. 5th DCA 1986) (conclusion that defendant had no intention of abiding by the law or probation based solely on defendant’s extensive criminal record was not a permissible reason for departure); Scott v. State, 482 So. 2d 607 (Fla. 5th DCA 1986)…
  • Fabelo v. State, 488 So. 2d 915 (Fla. 2d DCA 1986)
    …(Fla. 2d DCA 1986). Moreover, we reject the written reason that these new charges occurred while the defendant was on probation, thereby showing a “lack of respect for law and order in society.” Fla.R.Crim.P. 3.701(d)(14); see also Tillman v. State, 482 So. 2d 603 (Fla. 5th DCA 1986); Clark v. State, 481 So. 2d 994 (Fla. 5th DCA 1986). Since all of the court’s reasons for departure are invalid, we vacate appellant’s sentences and remand for resentencing within the guidelines. Edwards v. State, 482 So. 2d 553…

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