LARRY SAPP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
In resentencing appellant, per order of this court, 522 So. 2d 1006, the trial court departed from the guidelines recommended sentence of seventeen to twenty-two years and sentenced appellant to thirty years’ incarceration. The scoresheet listed three grounds for departure, the first two of which were invalid. The third ground listed was psychological and physical trauma to the nine-month pregnant victim, who delivered two weeks later. While the record does not support the birth of the victim’s child as a proximate result of the armed robbery, the record does support the finding of physical injury, in that the victim was taken to the hospital after the incident passing blood clots. Thus, there is one valid ground for departure. However; since Albritton v. State, 476 So. 2d 158 (Fla.1985), is applicable to this sentence, and we are unable to say beyond a reasonable doubt that the trial judge would sentence appellant to eight additional years for the only valid ground remaining, we remand the cause for resentencing in the light of this opinion.
REVERSED AND REMANDED.
DOWNEY, GLICKSTEIN and GUNTHER, JJ., concur.
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State v. Cremer, 563 So. 2d 817 (Fla. 5th DCA 1990)…conceded at oral argument by counsel for the appellees, the trial court’s determination was not predicated on resolution of a factual conflict in the testimony, but rather on the court’s interpretation and application of the case of State v. Palmer, 543 So. 2d 400 (Pla. 4th DCA 1989). We find that the arresting deputy had sufficient probable cause to arrest for violation of Florida Statute 856.021; Florida’s loitering and prowling statute. This statute provides that a police officer may arrest if the followi…
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Sapp v. State, 573 So. 2d 1052 (Fla. 4th DCA 1991)…a subsequent appeal following resen-tencing this court reversed the sentence, holding two of three written reasons for departure invalid, and remanded for resen-tencing in accordance with Albritton v. State, 476 So. 2d 158 (Fla.1985). Sapp v. State, 543 So. 2d 400 (Fla. 4th DCA 1989) (Sapp II). Upon resentencing the trial court departed, in writing, on the ground previously upheld. Sapp now claims that since his first sentence (Sapp I) was reversed because the trial court failed to put departure reasons in…
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McGEE v. State, 673 So. 2d 186 (Fla. 4th DCA 1996)…nce of the required imminent threat to the peace or public safety. The suspicious circumstances indicating that a drug sale might have occurred, taken alone, are not sufficient to support a conviction for loitering and prowling. Cf. State v. Palmer, 543 So. 2d 400 (Fla. 4th DCA 1989); Springfield, v. State, 481 So. 2d 975 (Fla. 4th DCA 1986); Carroll v. State, 573 So. 2d 148 (Fla. 2d DCA 1991); D.A. v. State, 471 So. 2d 147 (Fla. 3d DCA 1985); Blanding v. State, 446 So. 2d 1135 (Fla. 3d DCA 1984). Additional…
Authorities Cited
- City OF Atl. Beach v. Bull, 476 So. 2d 158 (Fla. 1985)
- Albritton v. State, 476 So. 2d 158 (Fla. 1985)
- Sapp v. State, 522 So. 2d 1006 (Fla. 4th DCA 1988)