MARIO C. DUGUES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1986-11-26

No. 84-2572

HERSEY, C.J., and DOWNEY and GUNTHER, JJ„ concur.

499 So. 2d 7 Florida District Court of Appeal, Fourth District (1986) Positive Treatment

Cited by 2 cases

Topics

Sentencing Guidelines Departure Habitual Offender Sentencing Mandatory Minimum Sentence

Explore caselaw by topic → Browse Sentencing Guidelines Departure cases and more on FLexlaw

Opinion of the Court

PER CURIAM.

Appellant, Mario C. Dugues, appeals his sentence for burglary of a dwelling with a firearm and two counts of robbery with a firearm. We reverse and remand for resentencing for the following reasons. First, the trial court erred in that no written reasons for departure from the sentencing guidelines were given. State v. Johnson, 486 So. 2d 535, 536 (Fla.1986). Second, the trial court erred in imposing two consecutive mandatory minimum firearm sentences because when two counts of robbery occur simultaneously and as part of the same criminal episode, the sentences must be served concurrently and not consecutively. Palmer v. State, 438 So. 2d 1 (Fla.1983), opinion approved, State v. Suarez, 485 So. 2d 1283 (Fla.1986). Third, even if the reasons for departure had been written, the trial court erred in using the habitual offender status of the defendant as a reason for departure from the recommended guidelines sentence. Whitehead v. State, 498 So. 2d 863 (Fla.1986).

REVERSED AND REMANDED FOR RESENTENCING.

HERSEY, C.J., and DOWNEY and GUNTHER, JJ„ concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

Francis v. State, 512 So. 2d 1162 (Fla. 4th DCA 1987)

…used some of the reasons mentioned in Francis, the trial court did not furnish written reasons for the departure as required by Hankey v. State, 505 So. 2d 701 (Fla. 5th DCA 1987); Tyson v. State, 504 So. 2d 791 (Fla. 4th DCA 1987); Dogues v. State, 499 So. 2d 7 (Fla. 4th DCA 1986). Moreover, the record on appeal only contains the transcript of the resentencing hearing. Thus we are unable to determine what reasons the trial court employed to justify departure and we are unable to determine if any given re…

Authorities Cited

Dean v. Publix Supermarkets, Inc., 438 So. 2d 1 (Fla. 1983)
Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
State v. Suarez, 485 So. 2d 1283 (Fla. 1986)
State v. Jones, 485 So. 2d 1283 (Fla. 1986)
State v. Johnson, 486 So. 2d 535 (Fla. 1986)

Full citator, related cases, and AI research tools

Open in FLexlaw

MARIO C. DUGUES, APPELLANT, v. STATE OF FLORIDA, APPELLEE