Branam v. State
| Decision Date | 13 April 1988 |
| Docket Number | 87-1143,Nos. 87-1142,s. 87-1142 |
| Citation | 13 Fla. L. Weekly 962,526 So.2d 117 |
| Parties | 13 Fla. L. Weekly 962 Roger BRANAM, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant. |
| Court | Florida District Court of Appeals |
Appeal and Cross-Appeal from the Circuit Court for Hillsborough County; Harry Lee Coe, III, Judge.
Howard J. Shifke of Anthony F. Gonzalez, P.A., Tampa, for appellant/cross-appellee Roger Branam.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Lauren Hafner Sewell, Asst. Atty. Gen., Tampa, for appellee/cross-appellant State of Fla.
Roger Branam appeals from his judgment and sentence for sexual battery, attempted sexual battery, and false imprisonment. The state cross-appeals from the downward departure sentence imposed upon Branam. We affirm Branam's convictions but remand for resentencing.
Branam was charged by information with two counts of sexual battery upon a person twelve years of age or older, causing her to submit by threatening serious personal injury with a deadly weapon or with physical force, and with kidnapping. A jury found Branam guilty of the lesser included offenses of sexual battery with threats of force or violence, attempted sexual battery, and false imprisonment.
Branam's scoresheet reflected a recommended sentence of life. However, the trial court sentenced Branam to a term of five years in prison for each offense to run concurrently and listed fifteen reasons for departing downward from the guidelines.
We have considered Branam's arguments on appeal and find them meritless. We agree, however, with the state's argument that none of the trial court's reasons for departure is valid. Therefore, we remand for resentencing within the guidelines. In so doing, we note that the presumptive guidelines sentence exceeds the statutory maximum for the offenses for which Branam was convicted. Thus, the trial court must resentence Branam to the maximum term provided by the applicable statutes.
Affirmed in part; reversed and remanded.
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Branam v. State
...were subsequently found to be invalid, and the case was remanded for resentencing within the guidelines recommendation. Branam v. State, 526 So.2d 117 (Fla. 2d DCA), review denied, 534 So.2d 398 At the resentencing hearing, the judge sentenced the petitioner to the statutory maximum terms o......
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Branam v. State
...398 534 So.2d 398 Branam (Roger) v. State NO. 72,708 Supreme Court of Florida. OCT 06, 1988 Appeal From: 2d DCA 526 So.2d 117 Rev. ...
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Branam v. State, 88-2229
...previously found none of the reasons for departure valid and remanded "for resentencing within the guidelines." See Branam v. State, 526 So.2d 117 (Fla. 2d DCA 1988). This court also noted that the presumptive guidelines sentence exceeded the statutory maximum for the offenses and that Bran......