RICARDO RIBAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the trial court erred in departing from sentencing guidelines, but the convictions were valid.
Appellant was convicted of attempted capital sexual battery and appealed his convictions and sentence. He argued the trial court erred in denying his …
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DANAHY, Acting Chief Judge.
Ricardo Ribas appeals his convictions and sentence for two counts of attempted capital sexual battery. In attacking his convictions he claims that the trial court erred in denying his motion to suppress post-arrest inculpatory statements because there was no probable cause for the arrest and in denying him a jury instruction on lewd and lascivious assault upon a child in violation of section 800.04, Florida Statutes (1987). We find no error on these issues. State v. Hightower, 509 So. 2d 1078 (Fla.1987); Johnson v. State, 567 So. 2d 32 (Fla. 1st DCA 1990). In his attack on his sentence, he argues that the reasons cited by the trial court do not support the upward departure sentence. We agree with the appellant that the trial court erred in departing from the guidelines.
All the departure reasons given by the trial court are invalid. See Wemett v. State, 567 So. 2d 882 (Fla.1990); Wilson v. State, 567 So. 2d 425 (Fla.1990); State v. Jaggers, 526 So. 2d 682 (Fla.1988); Lerma v. State, 497 So. 2d 736 (Fla.1986), receded from on other grounds, State v. Rousseau, 509 So. 2d 281 (Fla.1987); State v. Mischler, 488 So. 2d 523 (Fla.1986); Scurry v. State, 489 So. 2d 25 (Fla.1986); Smith v. State, 608 So. 2d 89 (Fla. 2d DCA 1992); Sellers v. State, 559 So. 2d 378 (Fla. 2d DCA 1990); Coleman v. State, 515 So. 2d 313 (Fla. 2d DCA 1987), review denied, 523 So. 2d 576 (Fla.1988); Lindsey v. State, 453 So. 2d 485 (Fla. 2d DCA 1984); Jones v. State, 583 So. 2d 387 (Fla. 1st DCA 1991).
Accordingly, we affirm the appellant’s convictions but reverse his upward departure sentence and remand for resentencing within the recommended guidelines range. Brady v. State, 587 So. 2d 617 (Fla. 2d DCA 1991).
CAMPBELL and THREADGILL, JJ., concur.
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Stop & Shoppe Mart, Inc. v. Zahra Mehdi, 854 So. 2d 784 (Fla. 5th DCA 2003)…e affidavit in support of summary judgment only supports the allegations of the complaint and does not address the affirmative defenses, the burden of disproving the affirmative defenses has not been met. See, e.g., Elkins, supra; Campagna v. Dicus, 606 So. 2d 1278 (Fla. 2d DCA 1992); Emile v. First Nat'l Bank [*787] of Miami, 126 So. 2d 305 (Fla. 3d DCA 1961). Here, Mehdi has merely denied the affirmative defenses and has not conclusively proven the non-existence of a genuine issue of material fact; that is,…
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Bakst v. Fed. Deposit Ins. Corp., 617 So. 2d 402 (Fla. 3d DCA 1993)…p., as receiver of First American Bank and Trust [FDIC]. The affidavit of indebtedness failed to disprove the affirmative defenses raised by the defendant and FDIC failed to demonstrate the legal insufficiency of the defenses. See Campagna v. Dicus, 606 So. 2d 1278 (Fla. 2d DCA 1992). Therefore, FDIC is not entitled to a summary judgment. Johnson & Kirby, Inc. v. Citizens Nat’l Bank of Fort Lauderdale, 338 So. 2d 905 (Fla. 3d DCA 1976); Underwriters Ins. Co. v. Sisung, 174 So. 2d 461 (Fla. 3d DCA 1965). More…
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Ribas v. State, 641 So. 2d 492 (Fla. 2d DCA 1994)…ences of 25 years’ imprisonment on each count. This court reversed the sentences on November 6, 1992, because the trial court’s reasons for departure were invalid. We remanded for resentencing within the recommended guidelines range. Ribas v. State, 606 So. 2d 1278 (Fla. 2d DCA 1992). On remand, the trial court allocated 259 points for the primary offense category, which established a recommended range of 5½ to 7 years’ imprisonment. The state sought victim injury points because the defendant “fondled” the vi…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (15 total)
- State v. Mischler, 488 So. 2d 523 (Fla. 1986)
- Scurry v. State, 489 So. 2d 25 (Fla. 1986)
- State v. Rousseau, 509 So. 2d 281 (Fla. 1987)
- Ervin Sharp v. State, 497 So. 2d 736 (Fla. 1st DCA 1986)
- State v. Hightower, 509 So. 2d 1078 (Fla. 1987)
- Wemett v. State, 567 So. 2d 882 (Fla. 1990)
- Wilson v. State, 567 So. 2d 425 (Fla. 1990)
- Lindsey v. State, 453 So. 2d 485 (Fla. 2d DCA 1984)
- Coleman v. State, 515 So. 2d 313 (Fla. 2d DCA 1987)
- State v. Jaggers, 526 So. 2d 682 (Fla. 1988)