Brinson v. State, 84-1837
| Decision Date | 15 February 1985 |
| Docket Number | No. 84-1837,84-1837 |
| Citation | 10 Fla. L. Weekly 427,463 So.2d 564 |
| Parties | 10 Fla. L. Weekly 427 James Arthur BRINSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from Circuit Court, Polk County; Oliver L. Green, Jr., Judge.
James Marion Moorman, Public Defender, and David Dwiggins, Asst. Public Defender, Bartow, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Peggy A. Quince, Asst. Atty. Gen., Tampa, for appellee.
This defendant challenges sentences representing a departure from the recommended sentence indicated by his guidelines score sheet. The trial judge gave seven written reasons for the departure, five of which appear to us to be valid and proper, and two of which seem to us to be questionable. On balance, it would appear that the trial judge should be affirmed based on the five valid reasons rather than reversed with directions to reconsider the sentence. We have declined to reverse when only one of several reasons was found improper. Willard v. State, 462 So.2d 102 (Fla. 2d DCA 1985). In this case, however, we affirm but certify the same question that our sister court certified in Young v. State, 455 So.2d 551 (Fla. 1st DCA 1984):
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...The court concluded that this may constitute a clear and convincing ground to deviate if supported by the record. Accord Brinson v. State, 463 So.2d 564 (Fla. 2d DCA) quashed on other grounds, 476 So.2d 162 In Staten v. State, 500 So.2d 297 (Fla. 2d DCA 1986), the defendant was convicted fo......
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