JOHNNY JAY JONES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that while one reason for departure from sentencing guidelines was valid, the record did not substantiate another, and the third reason was invalid, requiring remand for resentencing.
The defendant was sentenced after a murder conviction. The trial court cited three reasons for departing from sentencing guidelines: eliminating a wit…
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DAUKSCH, Judge.
This is an appeal from a sentence. The trial court gave as a reason for departure that the murder appellant committed was done to eliminate a witness. This is a valid reason for departure. See Blankenship v. State, 516 So. 2d 76 (Fla. 5th DCA 1987). However, we do not have any record to review which substantiates that reason for departure. Thus we must remand for resentencing where either proof is given to substantiate the departure or a guideline sentence imposed. Armontrout v. State, 503 So. 2d 984 (Fla. 5th DCA 1987).
We uphold the court’s reason for departure regarding the timing of the offenses, Williams v. State, 504 So. 2d 392, 393 (Fla.1987), but are not convinced that the court would have departed for that reason only. Therefore, we remand for resentencing. See Albritton v. State, 476 So. 2d 158 (Fla.1985).
The third reason for departure, the determination that certain previous convictions were not scorable, is invalid. Those convictions were scored. The sentence is vacated and this cause remanded for resentencing.
SENTENCE VACATED; REMANDED.
ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Williams v. State, 504 So. 2d 392 (Fla. 1987)
- Armontrout v. State, 503 So. 2d 984 (Fla. 5th DCA 1987)
- Blankenship v. State, 516 So. 2d 76 (Fla. 5th DCA 1987)