JEFFERY LAMAR RIDGEWAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellant was sentenced outside the guidelines range and argues that the reasons given for departure were invalid. We agree, vacate the sentence imposed, and reverse and remand for sentencing within the guidelines.
The order of trial court setting forth the reasons for departure stated the recommended sentence was “insufficient to properly rehabilitate the defendant, protect society, and provide restitution_” The protection of society is not a valid reason for departure. Mitchell v. State, 507 So. 2d 686 (Fla. 1st DCA 1987). The need for rehabilitation is also an invalid basis for departure. Matthews v. State, 502 So. 2d 63 (Fla. 1st DCA 1987). While the trial court may order restitution, it is in addition to any punishment and is not considered in the sentencing guidelines. Section 775.089, Florida Statutes.
Pursuant to Rule 9.315(b), Florida Rules of Appellate Procedure, the sentence is vacated and this cause reversed and remanded for sentencing within the guidelines.
ERVIN, SMITH and NIMMONS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Odom v. State, 561 So. 2d 443 (Fla. 5th DCA 1990)…about possible future conduct of a defendant is not a valid reason for departure. Also, a long line of cases have held that protection of society is an invalid reason for departure from a recommended guidelines sentence. See e.g. Ridgeway v. State, 555 So. 2d 960 (Fla. 1st DCA 1990); Dowling v. State, 495 So. 2d 874 (Fla. 5th DCA 1986). Therefore, both reasons stated by the court in its second finding are invalid reasons for départure. Since each reason cited by the court is invalid, we vacate appellant’s s…
Authorities Cited
- Mitchell v. State, 507 So. 2d 686 (Fla. 1st DCA 1987)
- Matthews v. State, 502 So. 2d 63 (Fla. 1st DCA 1987)