SARAH JUANITA MITCHELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
In Mitchell v. State, 513 So. 2d 1122 (Fla. 4th DCA 1987), this court reversed appellant’s sentence and held that the three reasons given by the trial court for departure from the guidelines were invalid. On remand the trial court stated new reasons for departure and resentenced appellant to the same sentence. We reverse on the authority of Shull v. Dugger, 515 So. 2d 748 (Fla. 1987) and Tyson v. State, 527 So. 2d 925 (Fla. 4th DCA 1988). However, we note that the trial court did not have the benefit of Shull when it resentenced appellant since the supreme court issued its decision after the trial court rendered its sentence. We remand this case for resentencing within the recommended guidelines range.
REVERSED AND REMANDED.
DOWNEY, GLICKSTEIN and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Pope v. State, 542 So. 2d 423 (Fla. 5th DCA 1989)…r containing the reasons for departure was not completed contemporaneously with the pronouncement of sentence the appellate court reversed and remanded with instructions that appellant be resentenced within the guidelines). See also State v. Lawler, 531 So. 2d 752 (Fla. 4th DCA 1988) (where no written reasons for downward departure, reversed for sentencing within guidelines range or “to provide written reasons for any departure therefrom.”). We agree with those cases which permit the trial court, on remand,…
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Mitchell v. State, 543 So. 2d 292 (Fla. 4th DCA 1989)…inal offense. Twice before this court has addressed this case. In Mitchell v. State, 513 So. 2d 1122 (Fla. 4th DCA 1987), we reversed the appellant’s sentence, finding all the reasons for departure from the guidelines invalid. In Mitchell v. State, 531 So. 2d 752 (Fla. 4th DCA 1988), we invalidated the newly stated reasons for departure. We now affirm the trial judge's right to impose a split sentence. Boylan v. State, 489 So. 2d 110 (Fla. 4th DCA 1986). We now reverse the conviction for possession of a fi…
Authorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- Mitchell v. State, 513 So. 2d 1122 (Fla. 4th DCA 1987)
- Ira Chester Tyson v. State, 527 So. 2d 925 (Fla. 4th DCA 1988)