JAMES M. TIMONERE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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RYDER, Acting Chief Judge.
In this consolidated appeal, James M. Ti-monere challenges the trial court’s denial of his motion for postconviction relief based on allegations of ineffective assistance of counsel and its imposition of a departure sentence without a contemporaneous statement of the reasons for departure. We find no merit in his claim that trial counsel was ineffective, and affirm the denial of his motion for post-conviction relief without discussion.
The trial court did, however, commit reversible error when it imposed a departure sentence without providing contemporaneous reasons for the departure at the sentencing hearing. See Ree v. State, 565 So. 2d 1329 (Fla.1990), modified by State v. Lyles, 576 So. 2d 706 (Fla.1991); Barry v. State, 626 So. 2d 270 (Fla. 2d DCA 1993); Hall v. State, 598 So. 2d 230 (Fla. 2d DCA 1992). Accordingly, we reverse Timonere’s sentences and remand for sentencing within the guidelines.
Affirmed in part, reversed in part and remanded. •
PATTERSON and ALTENBERND, JJ., concur.
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Citator
Cited By
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Timonere v. State, 666 So. 2d 197 (Fla. 2d DCA 1995)…FRANK, Judge. James Timonere was convicted of racketeering, trafficking, and conspiracy to traffic in cocaine. On an earlier occasion we reversed his sentence and remanded for resen-tencing within the guidelines. Timonere v. State, 631 So. 2d 1138 (Fla. 2d DCA 1994). The current appeal arises from resentencing. Timonere contends that the trial court failed to abide by our mandate by stacking minimum mandatory terms of imprisonment. We agree that such stacking was inappropriate and we remand f…
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Fannin v. State, 751 So. 2d 158 (Fla. 2d DCA 2000)…ithin guidelines), appeal after remand, Barry v. State, 654 So. 2d 1229 (Fla. 2d DCA 1995) (reversed and remanded for re-sentencing to single fifteen-year mandatory minimum with concurrent sentences for all other counts); see also Timonere v. State, 631 So. 2d 1138 (Fla. 2d DCA 1994) (reversed and remanded for re-sentencing within guidelines), appeal after remand, Timonere v. State, 666 So. 2d 197 (Fla. 2d DCA 1995) (reversed repeated stacking of minimum mandatories, remanded for re-sentencing to single fiftee…
Authorities Cited
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- State v. Lyles, 576 So. 2d 706 (Fla. 1991)
- Hall v. State, 598 So. 2d 230 (Fla. 2d DCA 1992)
- Barry v. State, 626 So. 2d 270 (Fla. 2d DCA 1993)
- Jenkins v. State, 626 So. 2d 270 (Fla. 2d DCA 1993)