ERIC GRIEL RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Acting Chief Judge.
Eric Griel Rodriguez contends that the trial court erred when it departed from the guidelines in imposing his sentence for armed robbery. The trial court stated reasons for departure on the record but wholly failed to reduce those reasons to writing. Accordingly, Rodriguez must be resenteneed within the guidelines. State v. Colbert, 660 So. 2d 701 (Fla.1995) (reaffirming Ree v. State, 565 So. 2d 1329 (Fla.1990)). Because a guidelines sentence must be imposed, the validity of the orally stated reasons for departure is moot. On remand, however, the court should not score victim injury points for the death of Nelson Roque; the defendant was not convicted of Roque’s murder. Harris v. State, 658 So. 2d 1226 (Fla. 4th DCA1995).
Reversed and remanded for resentencing within the guidelines.
PARKER and FULMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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KEY v. State, 779 So. 2d 525 (Fla. 2d DCA 2000)…for the victim’s death. We agree. Because the jury convicted Key of the lesser included offense of battery and not of the charged offense of first-degree murder, he should not have been assessed points for the victim’s death. See Rodriguez v. State, 666 So. 2d 234 (Fla. 2d DCA 1995); Harris v. State, 658 So. 2d 1226 (Fla. 4th DCA 1995). Upon remand, the trial court should re-sentence Key without assessing 120 points for the victim’s death, but may impose other appropriate victim injury points. Affirmed in…
Authorities Cited
- REE v. State, 565 So. 2d 1329 (Fla. 1990)
- State v. Colbert, 660 So. 2d 701 (Fla. 1995)
- Harris v. State, 658 So. 2d 1226 (Fla. 4th DCA 1995)