TED JAMES BERGLING, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the convictions but reversed the sentences, remanding for resentencing within the guidelines.
Appellant was found guilty by a jury of conspiracy to traffic cocaine, sale of cocaine, possession of marijuana, and possession of drug paraphernalia.…
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SCHOONOVER, Acting Chief Judge.
The appellant, Ted James Bergling, challenges the judgments and sentences entered pursuant to jury verdicts finding him guilty of conspiracy to traffic in twenty-eight grams of cocaine, sale of twenty-eight grams of cocaine, possession of marijuana, and possession of drug paraphernalia.
We find no merit in any of the appellant’s contentions concerning the convictions and, accordingly, affirm them. We also find no merit in the appellant’s contention that the court erred in imposing a mandatory minimum sentence in conjunction with the guidelines sentence he received. Ent v. State, 558 So. 2d 101 (Fla.2d DCA 1990); McNair v. State, 540 So. 2d 896 (Fla.1st DCA 1989).
We agree, however, with the appellant’s contention that the court improperly departed from the guidelines when sentencing him. All of the reasons given by the trial court to support an upward departure from the guidelines were either invalid, or not supported by the record. Nodal v. State, 524 So. 2d 476 (Fla.2d DCA 1988); Lewis v. State, 558 So. 2d 170 (Fla. 5th DCA 1990). See also State v. Simpson, 554 So. 2d 506 (Fla.1989).
We, therefore, affirm the convictions, but reverse the sentences and remand for resentencing within the guidelines. Shull v. Dugger, 515 So. 2d 748 (Fla.1987).
Affirmed in part, reversed in part, and remanded.
LEHAN and PATTERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ready v. State, 657 So. 2d 53 (Fla. 2d DCA 1995)…Fla. 2d DCA 1988). [*54] Accordingly, since the trial court’s reasons were invalid, they cannot justify the upward departure and the sentence must be reversed. Upon remand, the appellant must be resentenced within the guidelines. Ber-gling v. State, 571 So. 2d 12 (Fla. 2d DCA 1990). Reversed and remanded. RYDER, A.C.J., and CAMPBELL and SCHOONOVER, JJ., concur.…
Authorities Cited
- Shull v. Dugger, 515 So. 2d 748 (Fla. 1987)
- State v. Vaughn R. Simpson, 554 So. 2d 506 (Fla. 1989)
- Americo Nodal v. State, 524 So. 2d 476 (Fla. 2d DCA 1988)
- McNAIR v. State, 540 So. 2d 896 (Fla. 1st DCA 1989)
- Lewis v. State, 558 So. 2d 170 (Fla. 5th DCA 1990)
- Dover v. State, 558 So. 2d 101 (Fla. 1st DCA 1990)
- Terrie Ellen ENT v. State, 558 So. 2d 101 (Fla. 2d DCA 1990)