PATRICK J. MORGANTI, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PATRICK J. MORGANTI, APPELLANT,
STATE OF FLORIDA, APPELLEE
515 So. 2d 364
Florida District Court of Appeal, Fourth District (1987)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We affirm the appellant’s conviction but reverse for resentencing. Whitehead v. State, 498 So. 2d 863 (Fla.1986). The defendant’s juvenile record may be a valid reason for departure. Myrick v. State, 497 So. 2d 728 (Fla. 2d DCA 1986); Riddle v. State, 488 So. 2d 903 (Fla. 5th DCA 1986). However, the state has not shown beyond a reasonable doubt that the sentence would have been the same without the impermissible reasons. Griffis v. State, 509 So. 2d 1104 (Fla.1987); Albritton v. State, 476 So. 2d 158 (Fla.1985).
DOWNEY, ANSTEAD and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Love v. State, 559 So. 2d 198 (Fla. 1990)…ged. In sentencing Love, the trial court departed from the recommended guideline sentence. On appeal, the Fourth District Court of Appeal found three of the four reasons given for departure to be invalid and remanded for resentencing. Love v. State, 515 So. 2d 364 (Fla. 4th DCA 1987). In resentencing Love, the trial court again departed from the recommended guideline sentence based on the one reason previously found to be valid by the district court and Love again appealed to the Fourth District Court of Appe…1 / 2
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Love v. State, 532 So. 2d 1133 (Fla. 4th DCA 1988)…is court specifically found that the fourth reason given — an escalating pattern of criminal behavior — was legally valid and factually supported by appellant’s juvenile record. This court then remanded the cause for resentencing. See Love v. State, 515 So. 2d 364 (Fla. 4th DCA 1987). In resentencing appellant, the trial court once again departed from the sentencing guidelines due to the escalating pattern of criminal behavior and sentenced appellant to two concurrent sentences of nineteen years’ imprisonmen…
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Bennie Hall v. State, 549 So. 2d 758 (Fla. 3d DCA 1989)…victed of robbery. His present conviction for robbery is the latest in a series of criminal activities which escalate from crimes against property to crimes against people. Escalating criminal activity is a valid reason for departure. Love v. State, 515 So. 2d 364 (Fla. 4th DCA 1987); see Keys v. State, 500 So. 2d 134 (Fla.1986); Weems v. State, 469 So. 2d 128 (Fla. 1985); § 921.001(8), Fla. Stat. (1987).…
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)
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Griffis v. State, 509 So. 2d 1104 (Fla. 1987)
- Riddle v. State, 488 So. 2d 903 (Fla. 5th DCA 1986)
- Myrick v. State, 497 So. 2d 728 (Fla. 2d DCA 1986)