FRANK S. ROBINSON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
FRANK S. ROBINSON, APPELLANT,
STATE OF FLORIDA, APPELLEE
497 So. 2d 1355
Florida District Court of Appeal, Fourth District (1986)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
Appellant Frank S. Robinson appeals his conviction and sentence for burglary and petit theft. We affirm the conviction but vacate the sentence and remand for resentencing. First, the trial court erred by failing to include written reasons for departure from the sentencing guidelines. State v. Johnson, 486 So. 2d 535 (Fla.1986). Second, the trial court erred in using Robinson’s habitual offender status as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So. 2d 863 (Fla.1986).
AFFIRMED IN PART; REVERSED IN PART and REMANDED for resentencing.
LETTS, GLICKSTEIN and DELL, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Robinson v. State, 530 So. 2d 1085 (Fla. 4th DCA 1988)…STONE, Judge. We affirm the defendant’s sentence for burglary of a dwelling and petty theft. The defendant was initially sentenced as a habitual offender to thirty years in prison, a sentence in excess of the guidelines. In Robinson v. State, 497 So. 2d 1355 (Fla. 4th DCA 1986), this court reversed for re-sentencing because the trial court failed to assign written reasons for departure, and under Whitehead v. State, 498 So. 2d 863 (Fla.1986), the trial court improperly used [*1086] the defendant’s habit…
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Robinson v. State, 591 So. 2d 266 (Fla. 4th DCA 1991)…petit theft committed January 30,1984. He was sentenced to 30 years imprisonment as a habitual offender but his sentence was reversed on appeal for failing to include written reasons for a departure from the sentencing guidelines. Robinson v. State, 497 So. 2d 1355 (Fla. 4th DCA 1986). After remand he was again sentenced to the same 30 years, and that sentence was affirmed. Robinson v. State, 530 So. 2d 1085 (Fla. 4th DCA 1988), rev. denied, 542 So. 2d 989 (Fla.1989). In his rule 3.850 motion, which the trial…
Authorities Cited
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- State v. Johnson, 486 So. 2d 535 (Fla. 1986)