RODNEY KEVIN WALLACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
The state concedes that appellant’s sentence of two and one-half years in prison, followed by two years on community control, represents a departure from the sentencing guidelines recommendation. See State v. VanKooten, 522 So. 2d 830 (Fla.1988). Since no reasons for the departure were provided, appellant must be resen-tenced. It appears from the record that the trial court was unaware the sentence represented a departure. Accordingly, the court has the option, after remand, of imposing a departure sentence if supported in writing by valid criteria. State v. Betancourt, 552 So. 2d 1107 (Fla.1989).
Reversed.
SCHEB, A.C.J., and DANAHY and HALL, JJ., concur.
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In re Standard Jury Instructions IN Crim. Cases- Report NO. 2013-03, 146 So. 3d 1110 (Fla. 2014)…d under § 806.01(1) (c), Fla-.-J5tat. e, — [a-strueture]. Give-mhg-if-charged-wider ■§-8Q6z01 (l)(e)rFla.Stat. 4, — The defendant knew or had-reasonable grounds to believe the (struc ture alleged) was-occupied by a human being. Knighten v. State, 568 So. 2d 1001 (Fla. 2d DCA 1990) and N.K.D. v. State, 799 So. 2d 428 (Fla. 1st DCA 2001). In order to convict the defendant of Arson, it is not necessary for the State to prove [he] [she] intended to damage the [dwelling] [structure]. Give if applicable. The c…1 / 2
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N.K.D. v. State, 799 So. 2d 428 (Fla. 1st DCA 2001)…n. In our view, this type of self-serving statement is the kind that the trier of fact, in consideration of the remaining evidence, was free to weigh and reject. In our opinion, a case far more pertinent to the facts before us is Knighten v. State, 568 So. 2d 1001 (Fla. 2d DCA 1990), where the defendant, during his incarceration in the “drunk tank” of the municipal jail, intentionally set fire to his shirt, and the fire in turn caused minor damage to the interior of the cell. Knight-en denied that he had inte…
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Rodriguez v. State (Fla. 4th DCA 2019)…was denied. We decline to recognize such a right.”); 2) The court did not err in denying judgment of acquittal on attempted arson charge where State failed to prove that defendant intentionally sought to burn a structure. See Knighten v. State, 568 So. 2d 1001, 1002 (Fla. 2d DCA 1990) (arson is a general intent crime, and all that the State needs to show is that the defendant intentionally started the fire, not that he intended to damage the structure); 3) The aggravated battery charge was not fundamen…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Betancourt, 552 So. 2d 1107 (Fla. 1989)
- State v. VanKOOTEN, 522 So. 2d 830 (Fla. 1988)
- State v. Bodine, 522 So. 2d 830 (Fla. 1988)