WILLIAM RICHARD TORO, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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CAMPBELL, Judge.
Appellant, William Toro, appeals his final judgment and sentence for burglary of a dwelling and grand theft. He was sentenced to a total of ten years imprisonment with seven years for burglary and three years for grand theft. The guidelines recommended a sentence of two-and-one-half to three-and-one-half years. The court based its departure from the guidelines recommendation on the fact that appellant had been adjudged a habitual offender. However, the supreme court has held that the habitual offender status is not a valid reason to depart from the guidelines. Whitehead v. State, 498 So. 2d 863 (Fla.1986).
Case law provides that a court must state clear and convincing reasons to justify departure from the guidelines. Here, although the court stated several reasons, they were all based on appellant’s prior record. Since the court stated no other reasons for departure when it sentenced appellant, it may not depart from the guidelines upon. resentencing. Therefore, we remand for resentencing within the guidelines.
SCHEB, A.C.J., and FRANK, J., concur.
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Syna v. Sol Lewen and Beverly Parmet, 549 So. 2d 755 (Fla. 3d DCA 1989)…not have standing to file a petition to enforce the judgment entered in their former client’s 1971 dissolution-of-marriage proceeding; they have asserted no interest in the judgment which would entitle them to seek its enforcement. See Boyd v. Boyd, 509 So. 2d 960 (Fla. 3d DCA 1987), and cited cases. Even assuming, for the sake of argument, that the various petitions and motions were filed on behalf of Marion Lewen, the court correctly dismissed petitions and motions filed by appellants. Appellants had been d…
Authorities Cited
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)