ALEX BRAM, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1986-10-15
No. 85-2874
LEHAN, A.C.J., and FRANK and SAND-ERLIN, JJ., concur.
496 So. 2d 882 Florida District Court of Appeal, Second District (1986) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant appeals his conviction and sentence for possession of cocaine. We affirm the conviction because we find no reversible error to have been committed, but reverse the sentence and remand for resentencing.

The trial court departed from the recommended range of the sentencing guidelines and gave as grounds for that departure that defendant was an illegal alien and that the amount of cocaine possessed by defendant was “suggestive of dealing rather than mere possession.” Both of these grounds violate Fla.R.Crim.P. 3.701(d)(ll) because they punish defendant for offenses for which he was not convicted.

The conviction is affirmed, but the sentence is reversed and remanded for sentencing within the guidelines range.

LEHAN, A.C.J., and FRANK and SAND-ERLIN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Rozar v. State, 500 So. 2d 659 (Fla. 5th DCA 1986)
    …t the state failed to charge the highest crime possible, is likewise invalid. This ground violates Florida Rule of Criminal Procedure 3.701(d)(ll) because it punishes the defendant for offenses for which he has not been convicted. See Bram v. State, 496 So. 2d 882 (Fla.2d DCA 1986); Baxter v. State, 488 So. 2d 647 (Fla. 5th DCA 1986). Rozar’s conviction is affirmed. However, we conclude that these are invalid reasons under the guidelines and that we must reverse and remand for resentencing. AFFIRMED in pa…
  • Cortez-Gonzalez v. State, 508 So. 2d 393 (Fla. 2d DCA 1987)
    …la.1985). Additionally, we have examined the sentencing transcript and find that the trial court apparently considered appellant’s illegal alien status as a basis for upward departure from the presumptive sentence. This is improper. Bram v. State, 496 So. 2d 882 (Fla. 2d DCA 1986). The court also cited the quantity of cocaine in the appellant’s possession, a valid criterion under certain circumstances. Benitez v. State, 470 So. 2d 734 (Fla. 2d DCA), petition for review denied, 479 So. 2d 117 (Fla.1985). How…

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