BOBBY GILES, APPELLANT;
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant/defendant Bobby Giles appeals from the imposition of a sentence outside the recommended sentencing guidelines’ range. The trial court considered the defendant’s lengthy record of convictions and found that the sentence should be enhanced (1) because there was no chance of rehabilitation, and (2) for the protection of society.
The reasons relied upon by the trial court for enhancing the defendant’s sentence have been held not to constitute valid reasons for departure from the guidelines. Hudson v. State, 504 So. 2d 2 (Fla. 2d DCA 1986); Copeland v. State, 503 So. 2d 1301 (Fla. 2d DCA 1987); Vega v. State, 498 So. 2d 1294 (Fla. 5th DCA 1986); Frank v. State, 490 So. 2d 190 (Fla. 2d DCA 1986); Young v. State, 489 So. 2d 199 (Fla. 2d DCA 1986).
Accordingly, the sentence imposed is reversed and the cause remanded to the trial court with directions to impose a sentence within the guidelines’ range of 7-9 years.
Reversed and remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ruiz v. State, 516 So. 2d 1057 (Fla. 3d DCA 1987)…98 So. 2d 863 (Fla.1986), and certainly arguable that the closely related conclusion that a person is a non-rehabilitatable career criminal is not a valid reason for departure. Compare Hendrix v. State, 475 So. 2d 1218 (Fla.1985) and Giles v. State, 512 So. 2d 283 (Fla. 3d DCA 1987) and Harris v. State, 509 So. 2d 1299 (Fla. 1st DCA 1987) with Williams v. State, 504 So. 2d 392 (Fla.1987) and Brown v. State, 513 So. 2d 213 (Fla. 1st DCA 1987) and Ashley v. State, 510 So. 2d 970 (Fla. 5th DCA 1987). However, be…
Authorities Cited
- Frank v. State, 490 So. 2d 190 (Fla. 2d DCA 1986)
- Elvin Vega v. State, 498 So. 2d 1294 (Fla. 5th DCA 1986)
- Young v. State, 489 So. 2d 199 (Fla. 2d DCA 1986)
- Hudson v. State, 504 So. 2d 2 (Fla. 2d DCA 1986)
- Copeland v. State, 503 So. 2d 1301 (Fla. 2d DCA 1987)