SANDRA L. RODRIQUE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Because only two of the six reasons given for departure from the sentencing guidelines are valid, and because the crime was committed prior to the effective date of Section 921.001(5), Florida Statutes, this case must be remanded for a determination whether the same sentence would have been imposed if only the two valid reasons for departure were considered. Albritton v. State, 476 So. 2d 158 (Fla. 1985). We conclude that the following reasons are valid: the professional manner employed in the commission of a crime (paragraphs 2 and 5 read in conjunction with one another), see Martin v. State, 523 So. 2d 1226 (Fla. 1st DCA 1988), and the timing of the crime in relation to prior offenses and release from incarceration or supervision (paragraph 4). See Stubbs v. State, 522 So. 2d 444 (Fla. 1st DCA 1988); Williams v. State, 504 So. 2d 392 (Fla.1987). The remaining reasons given are invalid because either the facts supporting them are too speculative or the law does not support them.
REVERSED AND REMANDED.
ERVIN, WENTWORTH and ZEHMER, JJ., concur.
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Cited By
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Hernandez v. State, 575 So. 2d 640 (Fla. 1991)…. State, 541 So. 2d 715 (Fla. 1st DCA), review denied, 548 So. 2d 663 (Fla.1989); Collins v. State, 535 So. 2d 661 (Fla. 3d DCA 1988); Krebs v. State, 534 So. 2d 1236 (Fla. 5th DCA 1988), review denied, 542 So. 2d 1333 (Fla.1989); Rodrique v. State, 533 So. 2d 931 (Fla. 1st DCA 1988); Varela v. State, 530 So. 2d 960 (Fla. 2d DCA 1988); Martin v. State, 523 So. 2d 1226 (Fla. 1st DCA), review denied, 529 So. 2d 694 (Fla.1988); Gray v. State, 522 So. 2d 91 (Fla. 1st DCA 1988); Hoyte v. State, 518 So. 2d 975 (Fla…
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Stowers v. State, 541 So. 2d 715 (Fla. 1st DCA 1989)…were of the opinion that at least one of the reasons was valid. Keys v. State, 500 So. 2d 134 (Fla.1986); Williams v. State, 492 So. 2d 1308 (Fla.1986); and Dickey v. State, 458 So. 2d 1156 (Fla. 1st DCA 1984). See more recently, Rodrique v. State, 533 So. 2d 931 (Fla. 1st DCA 1988). Because the trial court had included boiler plate language to the effect that it would depart on the basis of any one of the reasons given, we simply affirmed without an Albritton analysis (Albritton v. State, 476 So. 2d 158 (Fl…
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)
- Stubbs v. State, 522 So. 2d 444 (Fla. 1st DCA 1988)
- Martin v. State, 523 So. 2d 1226 (Fla. 1st DCA 1988)