Foister v. State, BM-309
| Decision Date | 29 July 1987 |
| Docket Number | No. BM-309,BM-309 |
| Citation | 12 Fla. L. Weekly 1826,510 So.2d 371 |
| Parties | 12 Fla. L. Weekly 1826 Richard FOISTER, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Okaloosa County; G. Robert Barron, judge.
David A. Davis, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., and John W. Tiedmann, Asst. Atty. Gen., Tallahassee, for appellee.
Richard Foister appeals from the departure sentence imposed by the trial court pursuant to his plea of nolo contendere to two counts of lewd and lascivious assault. The presumptive sentence was five years. The trial court, however, departed and sentenced him to ten years incarceration.
Foister correctly asserts and the state concedes that the reasons for departure relied upon by the trial court are inappropriate. See, Powell v. State, 495 So.2d 828 (Fla. 1st DCA 1986). Nonetheless, the state contends the trial court should be allowed upon remand once again to depart. We disagree. When each "reason" stated by the trial court in support of departure is determined to be invalid, resentencing following remand is to occur within the guidelines. Williams v. State, 492 So.2d 1308 (Fla.1986).
Reversed and remanded for resentencing consistent with this opinion.
To continue reading
Request your trial
-
Hall v. State
...for departure is found invalid by the appellate court, resentencing on remand must be within the guidelines. See also Foister v. State, 510 So.2d 371 (Fla. 1st DCA 1987). We view that holding to be inapplicable to this case because the sole reason for departure stated by the trial court had......
- Spear v. Spear, 87-1525
-
Freer v. State, BP-459
...have been determined not clear and convincing, sentencing on remand shall be within the sentencing guidelines range. Foister v. State, 510 So.2d 371 (Fla. 1st DCA 1987); Williams v. State, 492 So.2d 1308 (Fla.1986). SHIVERS and BARFIELD, JJ., concur. 1 Phyllis Hall did not testify at the fi......