AMADOR RIVERO, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1992-01-31
No. 91-1361
GOSHORN, C.J., and DAUKSCH, J., concur.
592 So. 2d 381 Florida District Court of Appeal, Fifth District (1992) Positive Treatment
Cited by 3 cases
Topics
Departure Sentence Sentencing Guidelines

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Opinion of the Court
COWART, Judge.

COWART, Judge.

This is an appeal from a re-sentencing on remand after this court vacated the original sentence, see Rivero v. State, 573 So. 2d 427 (Fla. 5th DCA 1991).

At resentencing, the trial court imposed the same departure sentences but gave additional reasons for departure. We vacate on the authority of Pope v. State, 561 So. 2d 554 (Fla.1990) and Shull v. Dugger, 515 So. 2d 748 (Fla.1987) and remand with directions that upon resentencing this time that the trial court impose a sentence within the guidelines.1

SENTENCES VACATED; CAUSE REMANDED.

GOSHORN, C.J., and DAUKSCH, J., concur. . The language of the opinions in Rivero and Brown v. State, 570 So. 2d 1070 (Fla. 5th DCA 1990) should not be read to be inconsistent with Pope and Shull.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Browning v. State, 625 So. 2d 960 (Fla. 5th DCA 1993)
    …are quashed and the case remanded for re-sentencing within the presumptive guideline sentence. At the resentencing, the trial court may not enunciate new reasons for a departure sentence. Shull v. Dugger, 515 So. 2d 748 (Fla.1987); Rivero v. State, 592 So. 2d 381 (Fla. 5th DCA 1992); Clifton v. State, 608 So. 2d 890, 891 (Fla. 4th DCA 1992). REVERSED and REMANDED for resen-tencing. HARRIS, C.J., and GOSHORN, J., concur. . Section 784.07 Fla.Stat. (1991). Counts I, II, & III. . Section 843.01 Fla.Stat. (1…
  • Kopko v. State, 638 So. 2d 529 (Fla. 5th DCA 1994)
    …ive but to vacate the sentence appealed and remand for resentenc-ing pursuant to the guidelines. Fla. R.Crim.P. 3.701(d)(ll). Pope v. State, 561 So. 2d 554 (Fla.1990); Wright v. State, 617 So. 2d 837, 840-41 (Fla. 4th DCA 1993); see Rivero v. State, 592 So. 2d 381 (Fla. 5th DCA 1992); Rodwell v. State, 588 So. 2d 19 (Fla. 5th DCA 1991), review denied, 599 So. 2d 657 (1992). Sentence VACATED; REMANDED. DIAMANTIS and THOMPSON, JJ., concur. . Kopko v. State, 577 So. 2d 956 (Fla. 5th DCA 1991), quashed, 596 So…
  • Rias v. State, 653 So. 2d 495 (Fla. 5th DCA 1995)
    …e invalid, we reverse and remand for resentencing. At resentencing, the trial court shall impose a guidelines sentence. The trial court shall not give new reasons for a departure sentence. Shull v. Dugger, 515 So. 2d 748 (Fla.1987); Rivero v. State, 592 So. 2d 381 (Fla. 5th DCA 1992). CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED FOR RESENTENCING. PETERSON and GRIFFIN, JJ., concur. . § 784.07, Fla.Stat. (1993). . § 784.03(2), Fla.Stat. (1993). .§ 784.07(2)(b), Fla.Stat. (1993).…

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