GARY EDWIN SITAR, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
GUNTHER, Judge.
We affirm the conviction and sentence imposed by the trial court.
Although defendant raises several points on appeal, only one requires comment. Defendant asserts that the trial court erred in aggravating his sentence. Although three of the four reasons for departing upward from the sentencing guidelines were invalid, one reason was valid. The valid reason was that the defendant initially left the scene of the accident, returned but rendered no aid to his victim, and then again fled the scene of the accident. Since the trial court articulated a valid reason for departure, we affirm the sentence. § 921.001(5), Fla.Stat. (1987); Abt v. State, 528 So. 2d 112, (Fla. 4th DCA 1988).
AFFIRMED.
DOWNEY, J., concurs.
STONE, J., concurs specially with opinion.
STONE, Judge,
concurring specially.
I concur separately only to note, for the benefit of the trial court, that in my judgment the first reason listed for departing from the guidelines was also valid.
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Graham v. State, 557 So. 2d 669 (Fla. 5th DCA 1990)…victim, M.K, to wit: eight (8) years, and the fact that said child was vulnerable because of her age. This is not a proper reason for departure since the age of the victim is itself an inherent component of the offense charged. See Molden v. State, 530 So. 2d 1000 (Fla. 1st DCA 1988). See also § 800.04, Fla.Stat. (1987). 3. The victim M.K. was vulnerable because she was at home asleep when the defendant approached her to commit the offense. This is also not a valid reason for departure. See Williams v. Stat…
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Rodriguez v. State, 547 So. 2d 708 (Fla. 2d DCA 1989)…tender ages is an invalid reason because the ages of the victims are inherent in the offense of lewd assault in the presence of a child under the age of sixteen years. See Jakubowski v. State, 494 So. 2d 277, 279 (Fla. 2d DCA 1986); Molden v. State, 530 So. 2d 1000, 1001 (Fla. 1st DCA 1988); Leon v. State, 498 So. 2d 680, 682 (Fla. 3d DCA 1986). The trial court relied upon both valid and invalid reasons to support the departure sentence. Because these crimes occurred prior to the effective date of section 921…
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Sitar v. State, 548 So. 2d 1115 (Fla. 1989)…KOGAN, Judge. We have for review Sitar v. State, 530 So. 2d 1000 (Fla. 4th DCA 1988), based on express and direct conflict with State v. McGriff, 537 So. 2d 107 (Fla.1989). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. The district court in this case directly relied on its prior opinion in Abt v. State, 52…
Authorities Cited
- ABT v. State, 528 So. 2d 112 (Fla. 4th DCA 1988)