EARNEST TROTMAN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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HERSEY, Chief Judge.
We reverse one of appellant’s two convictions of first-degree burglary and we reverse the sentence and remand for resentencing.
Trotman was charged with and found guilty of two counts of first-degree burglary. One count involved an assault and the other a battery. Regardless, there was but one entry and thus the dual convictions cannot stand. Hawkins v. State, 436 So. 2d 44 (Fla.1983).
The sentence imposed constituted an upward departure from the guidelines’ recommended range and consequently was required to be supported by contemporaneous written reasons for departure. State v. Jackson, 478 So. 2d 1054 (Fla.1985), receded from in part on other grounds, Wilkerson v. State, 513 So. 2d 664 (Fla.1987). See also Schmeisser v. State, 527 So. 2d 276 (Fla. 4th DCA 1988); State v. Daughtry, 487 So. 2d 1184 (Fla. 4th DCA 1986); § 921.001(6), Fla.Stat. (1987); Fla.R. Crim.P. 3.701 b.6. and d.ll. There being none, resentencing is required.
By agreement of the parties, we strike the imposition of costs.
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
GUNTHER and STONE, JJ., concur.
On motion for rehearing, the state provided this court with written reasons for departure executed by the trial court at sentencing but which were inadvertently not made a part of the record on appeal. We find the written reasons support the departure sentence entered and therefore vacate that portion of our opinion remanding for resentencing on this basis. We do, however, remand for a recalculation of appellant’s scoresheet based on one count of first-degree burglary instead of two counts. Edwards v. State, 529 So. 2d 1213 (Fla. 4th DCA 1988).
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Gorham v. State, 968 So. 2d 717 (Fla. 4th DCA 2007)…orham correctly argues that dual convictions for burglary violate the constitutional prohibition against double jeopardy if they are based on a single entry. Where there is but one entry, dual convictions for burglary cannot stand. Trotman v. State, 545 So. 2d 890, 891 (Fla. 4th DCA 1989). It is the number of entries that triggers the burglary charges, not the number of victims. See Grubb v. State, 940 So. 2d 1168, 1170 (Fla. 2d DCA 2006). Therefore, because Gorham’s dual convictions for burglary of a conveya…
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Adaberto Docanto v. State, 811 So. 2d 790 (Fla. 4th DCA 2002)…e burglary. One burglary count involved a battery and the other was committed while he was armed. Because there was only one entry, the dual convictions on these two charges cannot stand. Hawkins v. State, 436 So. 2d 44 (Fla.1983); Trotman v. State, 545 So. 2d 890 (Fla. 4th DCA 1989). Although he received concurrent life sentences for these two charges, reversal of one is required. Docanto also argues his sentences under the Florida Criminal Punishment Code are unconstitutional. We reject this argument [*79…
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Zanger v. State, 561 So. 2d 1185 (Fla. 3d DCA 1989)…d, we reverse the conviction and sentence for burglary of a dwelling with assault because it duplicates the defendant’s conviction for armed burglary which was based on the same incident. Hawkins v. State, 436 So. 2d 44 (Fla.1983); Trotman v. State, 545 So. 2d 890 (Fla. 4th DCA 1989). Upon the defendant’s convictions, the judge sentenced him to twenty-five years imprisonment, an upward departure from the recommended four and one-half to five and one-half year term. The judge gave two reasons: 1) the invasion…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Jackson, 478 So. 2d 1054 (Fla. 1985)
- Hawkins v. State, 436 So. 2d 44 (Fla. 1983)
- Wilkerson v. State, 513 So. 2d 664 (Fla. 1987)
- Edwards v. State, 529 So. 2d 1213 (Fla. 4th DCA 1988)
- Schmeisser v. State, 527 So. 2d 276 (Fla. 4th DCA 1988)
- State v. Daughtry, 487 So. 2d 1184 (Fla. 4th DCA 1986)