Costantino v. State
| Decision Date | 09 March 1988 |
| Docket Number | No. 87-0740,87-0740 |
| Citation | 521 So.2d 338,13 Fla. L. Weekly 638 |
| Parties | 13 Fla. L. Weekly 638 Robert COSTANTINO, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Broward County; Lawrence L. Korda, judge.
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the conviction of the defendant. However, we reverse and remand for resentencing to score the defendant's conviction for two counts of aggravated assault as third degree felonies. See Griffin v. State, 509 So.2d 980 (Fla. 2d DCA 1987). Also, on remand the trial court should set forth written reasons for any departure from the guideline sentence. Boynton v. State, 473 So.2d 703 (Fla. 4th DCA 1985), cert. denied, 475 U.S. 1029, 106 S.Ct. 1232, 89 L.Ed.2d 341 (1986).
AFFIRMED IN PART; REVERSED IN PART; REMANDED FOR RESENTENCING.
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Gonzalez v. State, 88-2542
...be alleged and proven without involvement of a weapon. See also Cherry v. State, 540 So.2d 146 (Fla. 4th DCA 1989); Costantino v. State, 521 So.2d 338 (Fla. 4th DCA 1988). In other words, we have previously held that even though use of a weapon is not a necessary element in every aggravated......
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