STATE OF FLORIDA, APPELLANT,
v.
DANA I. MATLOCK, APPELLEE
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PATTERSON, Judge.
Appellee Matlock pleaded guilty to burglary of a dwelling and battering an occupant therein (Count I) and petit theft (Count II). At sentencing, the trial judge departed downward from the recommended guidelines range based on appellee’s age of 17 and his minimal prior record. The state appealed, claiming that the reasons for departure were invalid. We reverse.
Neither of the reasons set forth by the trial court are valid. The defendant’s prior record was included in his guidelines score, so it cannot be considered as a basis for departure. See State v. Davis, 537 So. 2d 192 (Fla. 2d DCA 1989). Nor may the defendant’s age, standing alone, support departure. State v. Riley, 530 So. 2d 1081 (Fla. 3d DCA 1988). Because neither of the trial court’s reasons for departure were valid, we reverse and remand for sentencing within the recommended range.
SCHEB, A.C.J., and PARKER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Williams, 637 So. 2d 45 (Fla. 2d DCA 1994)…7) and a minimal prior record as the reasons for departing from the recommended range of 12 to 17 years and the permitted range of 9 to 22 years. His age and prior record, however, without more, cannot support a downward departure. State v. Matlock, 544 So. 2d 244 (Fla. 2d DCA 1989). Although age and the lack of prior record can be factors when there are other extraordinary reasons to support downward departure, such as the help of relatives and friends, rehabilitation, and participation in a treatment progra…
Authorities Cited
- State v. Davis, 537 So. 2d 192 (Fla. 2d DCA 1989)
- State v. Kilby Holton, 530 So. 2d 1081 (Fla. 3d DCA 1988)
- State v. Riley, 530 So. 2d 1081 (Fla. 3d DCA 1988)