JULIO VELAZGUEZ-VELAZGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
SCHWARTZ, Chief Judge.
The defendant appeals from an upward departure sentence which was solely based, as appropriately indicated on the score sheet, Torres-Arboledo v. State, 524 So. 2d 403 (Fla.1988), on the ground that the defendant was a habitual offender. Whitehead v. State, 498 So. 2d 863 (Fla.1986), holds that this ground is insufficient and the sentence is therefore reversed on that authority. Because it would be impermissible now to rely upon any other ground for deviation, Shull v. Dugger, 515 So. 2d 748 (Fla.1987); Harris v. State, 520 So. 2d 688 (Fla. 3d DCA 1988), the cause is remanded for resentencing within the guidelines.
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Ferguson v. State, 537 So. 2d 144 (Fla. 3d DCA 1989)…rial court to set out on the sentencing scoresheet its reasons for departing from the sentencing guidelines, see Torres-Arboledo v. State, 524 So. 2d 403 (Fla.1988); Johnson v. State, 524 So. 2d 1153 (Fla. 3d DCA 1988); Velazquez-Velazquez v. State, 523 So. 2d 774 (Fla. 3d DCA 1988), we believe it is elementary that the reasons so stated must be articulated in a coherent fashion and cannot, as here, consist of cryptic notes with vague and ambiguous references. Cf. State v. Jackson, 478 So. 2d 1054, 1056 (Fla.…
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Isabelle Rodriguez v. State, 645 So. 2d 98 (Fla. 3d DCA 1994)…to commit murder. This notation was sufficient to satisfy the writing requirement for a departure sentence. See Torres-Arboledo v. State, 524 So. 2d 403 (Fla.1988); Ferguson v. State, 537 So. 2d 144 (Fla. 3d DCA 1989); Velazguez-Velazguez v. State, 523 So. 2d 774 (Fla. 3d DCA 1988). Second, defendant argues that her sentence cannot stand because the trial judge gave an invalid reason for the two cell departure. Specifically, defendant contends it was improper for the judge to rely on the new offense of cons…
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Johnson v. State, 524 So. 2d 1153 (Fla. 3d DCA 1988)…te a valid basis for departure, notation of such reasons at the bottom of guidelines scoresheets does not require reversal due to the lack of a separate written order indicating reasons for departure. Id. at 414. Accord Velazguez-Velazguez v. State, 523 So. 2d 774 (Fla. 3d DCA 1988).…
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- Whitehead v. State, 498 So. 2d 863 (Fla. 1986)
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- Torres-Arboledo v. State, 524 So. 2d 403 (Fla. 1988)
- Harris v. State, 520 So. 2d 688 (Fla. 3d DCA 1988)