DEAN R. BOURGAULT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
DEAN R. BOURGAULT, APPELLANT,
STATE OF FLORIDA, APPELLEE
491 So. 2d 623
Florida District Court of Appeal, Fourth District (1986)
Negative Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Affirmed. The cause is remanded for the entry of written reasons for departure from the sentencing guidelines. State v. Jackson, 478 So. 2d 1054 (Fla.1985); State v. Boynton, 478 So. 2d 351 (Fla.1985).
LETTS, WALDEN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bourgault v. State, 515 So. 2d 1287 (Fla. 4th DCA 1987)…cing within the guidelines; however, subsequent overwhelming events have made a mere remand for resentencing totally inadequate. In the beginning, we affirmed this code-fendant’s conviction for sexual battery and kidnapping. See Bourgault v. State, 491 So. 2d 623 (Fla. 4th DCA 1986), and remanded only for a sentencing guidelines transgression. Thereafter, in Heddleson v. State, 512 So. 2d 957 (Fla. 4th DCA 1987), this court reversed the conviction of Bour-gault’s codefendant at the same trial for the same of…
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Bourgault v. State, 515 So. 2d 1286 (Fla. 4th DCA 1987)…d states reasons for exceeding the sentencing guidelines. We again reverse and remand with direction to resentence the defendant within those guidelines. The case was previously remanded to obtain written reasons for departure. Bourgault v. State, 491 So. 2d 623 (Fla. 4th DCA 1986). The trial court’s order, dated September 15, 1986, was without the benefit of the subsequently decided Whitehead v. State, 498 So. 2d 863 (Fla.1986), which eliminated habitual offender status as a reason for departure from the g…
Authorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- State v. Boynton, 478 So. 2d 351 (Fla. 1985)