Banzo v. State, 84-1130
| Decision Date | 27 February 1985 |
| Docket Number | No. 84-1130,84-1130 |
| Citation | 10 Fla. L. Weekly 547,464 So.2d 620 |
| Parties | 10 Fla. L. Weekly 547 Ernesto BANZO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Norman S. Cannella of Norman S. Cannella, P.A., Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.
LOGAN, PAUL E., Associate Judge.
This is an appeal from a sentence imposed by the trial court after a plea of guilty. We reverse the sentence.
Appellant was charged by information with trafficking in cocaine in an amount of two hundred (200) grams or more, but less than four hundred (400) grams. Appellant entered a guilty plea and affirmatively elected to be sentenced under the sentencing guidelines. After a pre-sentence investigation and guidelines scoresheet were completed, a sentencing hearing was held on April 27, 1984. Both the pre-sentence investigation and the guidelines scoresheet recommended a sentence of from three and one-half to four and one-half years. Both parties agreed that the minimum mandatory sentence of five years would take precedence over the recommended guideline sentence.
The trial court chose to depart from the recommended guideline sentence and imposed the maximum sentence allowed by finding:
The written order setting forth the trial court's reasons for departure from the sentencing guidelines states:
1. The Defendant engaged in and pled guilty to a very serious offense. The defendant delivered approximately 1,000 grams of cocaine to undercover detectives in exchange for a purported sale price of $44,000.
2. Since his arrest and the date on which he entered his plea of guilty, the defendant has failed to cooperate with law enforcement officers and the State of Florida in the...
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Hall v. State
...is being sentenced), is not a valid ground for aggravating. See Trainor v. State, 468 So.2d 484 (Fla. 2d DCA 1985); Banzo v. State, 464 So.2d 620 (Fla. 2d DCA 1985). In any event, it has been determined that this is not a permissible ground for departure. Baldwin v. State, 494 So.2d at 503.......
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Allen v. State, 84-1962
...sentences. Von Carter v. State, 468 So.2d 276 (Fla. 1st DCA 1985), Marshall v. State, 468 So.2d 255 (Fla. 2d DCA 1985), Banzo v. State, 464 So.2d 620 (Fla. 2d DCA 1985), Fletcher v. State, 457 So.2d 570 (Fla. 5th DCA 1984) (cases holding that the court cannot consider factors relating to in......
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Tran v. State, 94-03677
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