REBECCA CATHERINE HYDE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that when a departure sentence is based on multiple reasons, and some are invalid, the sentence must be reversed and remanded if it cannot be determined beyond a reasonable doubt that the invalid reasons did not affect the sentence.
The appellant was convicted of drug and firearm offenses and received departure sentences. The trial court provided three written reasons for the depa…
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PER CURIAM.
The appellant, Rebecca Catherine Hyde, again challenges the departure sentences imposed after she was convicted of possession of cannabis, delivery of cannabis, and possession of a firearm during the commission of a felony. In Hyde v. State, 506 So. 2d 1185 (Fla. 2d DCA 1987), we reversed the appellant’s sentence and remanded for resentencing because the trial court failed to give written reasons for departing from the guidelines. Again, we must reverse and remand for resentencing.
Although the sentencing guidelines called for a sentence of community control or twelve to thirty months incarceration, the trial court imposed sentences totalling twenty-five years imprisonment. Of the three written reasons the trial court gave for its departure, we find only the fact that the appellant exposed a three month old baby and an eleven year old child to great danger when the appellant attempted to pull a loaded firearm from her purse to be a valid reason to depart. See Scurry v. State, 489 So. 2d 25 (Fla.1986). Under the facts of this case, the other reasons were either invalid, see Atwaters v. State, 519 So. 2d 611 (Fla.1988) (quantity of drugs involved), or unsupported by the record. See Nelson v. State, 516 So. 2d 1075 (Fla. 2d DCA 1987) (need to protect society from defendant may be valid in particular circumstances).
Since we are unable to determine beyond a reasonable doubt that the invalid reasons did not affect the departure sentence, we reverse the sentences imposed and remand for resentencing. See Albritton v. State, 476 So. 2d 158 (Fla.1985).
Reversed and remanded.
SCHEB, A.C.J., and SCHOONOVER and PARKER, 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)
- Scurry v. State, 489 So. 2d 25 (Fla. 1986)
- Atwaters v. State, 519 So. 2d 611 (Fla. 1988)
- Hyde v. State, 506 So. 2d 1185 (Fla. 2d DCA 1987)
- Nelson v. State, 516 So. 2d 1075 (Fla. 2d DCA 1987)