SARAH JUANITA MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
Explore caselaw by topic → Browse Habitual Offender Sentencing cases and more on FLexlaw
PER CURIAM.
We affirm the. appellant’s conviction, but reverse the sentence imposed. The trial court gave the following reasons for departing from the recommended sentence: (1) It was necessary to protect the public from further criminal activity by the appellant;
(2) Appellant was found as an habitual offender; and
(3) Appellant was on probation of the time of murder. Reasons 1 and 2 are invalid. See Young v. State, 489 So. 2d 199 (Fla. 2d DCA 1986); Whitehead v. State, 498 So. 2d 863 (Fla.1986). Reason 3 is also invalid. See Ashley v. State, 510 So. 2d 970 (Fla. 4th DCA 1987); Atwaters v. State, 495 So. 2d 1219 (Fla. 1st DCA 1986). Accordingly, we reverse and remand for resentencing.
AFFIRMED IN PART; REVERSED AND REMANDED IN PART.
HERSEY, C.J., and DOWNEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mitchell v. State, 531 So. 2d 752 (Fla. 4th DCA 1988)…PER CURIAM. In Mitchell v. State, 513 So. 2d 1122 (Fla. 4th DCA 1987), this court reversed appellant’s sentence and held that the three reasons given by the trial court for departure from the guidelines were invalid. On remand the trial court stated new reasons for departure and resentenced appella…
-
Mitchell v. State, 543 So. 2d 292 (Fla. 4th DCA 1989)…GARRETT, Judge. Appellant appeals her convictions and sentences for murder in the second degree and possession of a firearm while engaged in a criminal offense. Twice before this court has addressed this case. In Mitchell v. State, 513 So. 2d 1122 (Fla. 4th DCA 1987), we reversed the appellant’s sentence, finding all the reasons for departure from the guidelines invalid. In Mitchell v. State, 531 So. 2d 752 (Fla. 4th DCA 1988), we invalidated the newly stated reasons for departure. We now af…
-
LEE v. State, 520 So. 2d 663 (Fla. 4th DCA 1988)…ure are partially invalid. The invalid reasons for departure are appellant's habitual felony offender status, Whitehead v. State, 498 So. 2d 863 (Fla.1986), and the necessity of an extended term for the protection of the public, Mitchell v. State, 513 So. 2d 1122 (Fla. 4th DCA 1987). The valid reasons for depar [*664] ture are that the felony occurred within five years of a prior robbery conviction and within only a few months after appellant’s release from prison, Jones v. State, 501 So. 2d 178 (Fla. 4th DC…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- Atwaters v. State, 495 So. 2d 1219 (Fla. 1st DCA 1986)
- Young v. State, 489 So. 2d 199 (Fla. 2d DCA 1986)
- Ashley v. State, 510 So. 2d 970 (Fla. 5th DCA 1987)