Kossow v. State, 84-1486
| Decision Date | 17 May 1985 |
| Docket Number | No. 84-1486,84-1486 |
| Citation | 468 So.2d 1104,10 Fla. L. Weekly 1243 |
| Parties | 10 Fla. L. Weekly 1243 Melody Lynn KOSSOW, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Norman S. Cannella of Norman S. Cannella, P.A., and Bennie Lazzara, Jr., of Bennie Lazzara, Jr., P.A., Tampa, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and James H. Dysart, Asst. Atty. Gen., Tampa, for appellee.
Appellant, Melody Lynn Kossow, appeals her conviction for possession of diazepam. We affirm her conviction as we find there was substantial credible evidence upon which the jury could base its decision to convict for the offense of possession of diazepam.
Appellant also contends that the trial court erred in departing from the sentencing guidelines on the grounds that appellant perjured herself when she testified at her trial, showed no remorse and gave no assistance to law enforcement officers. We agree that the court erred on those grounds. None of the three cited reasons by the trial judge justify departing from the sentencing guidelines. Trainor v. State, 468 So.2d 484 Nos. 84-2008, 84-2009 (Fla. 2d DCA May 8, 1985); Mischler v. State, 458 So.2d 37 (Fla. 4th DCA 1984); Banzo v. State, 464 So.2d 620 (Fla. 2d DCA Feb. 27, 1985).
We, therefore, affirm appellant's conviction, but we remand to the trial court with directions to resentence appellant within the presumptive guideline range indicated by the scoresheet previously prepared for sentencing purposes.
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Vance v. State, 84-1371
...incurred the judge's wrath. These are neither proper nor clear and convincing reasons to impose a departure sentence. Kossow v. State, 468 So.2d 1104 (Fla.2d DCA 1985); Hunt v. State, 468 So.2d 1100 (Fla. 1st DCA 1985); Bowdoin v. State, 464 So.2d 596 (Fla. 4th DCA 1985); Hubler v. State, 4......
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McBride v. State, 84-1169
...The trial judge's belief that the defendant lied in his defense at trial is also not an accepted ground for deviation. Kossow v. State, 468 So.2d 1104 (Fla. 2d DCA 1985). Further, we held in Davis v. State, 458 So.2d 42 (Fla. 4th DCA 1985), that the possibility of defendant's committing fur......
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Davis v. State, 85-1455
...2d DCA 1986); Torrey v. State, 482 So.2d 552 (Fla. 2d DCA 1986); Rodrigue v. State, 481 So.2d 24 (Fla. 5th DCA 1986); Kossow v. State, 468 So.2d 1104 (Fla. 2d DCA 1985). Since we have ordered resentencing on remand, we do not reach appellant's second issue concerning the extent of the trial......
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Brown v. State, 85-1801
...523 (Fla.1986); Gale v. State, 483 So.2d 53 (Fla. 1st DCA 1986); Parker v. State, 481 So.2d 560 (Fla. 5th DCA 1986); Kossow v. State, 468 So.2d 1104 (Fla. 2d DCA 1985). Accordingly, we vacate appellant's sentence and remand for resentencing within the GRIMES, A.C.J., and SANDERLIN, J., conc......