Mulligan v. State
| Citation | 566 So.2d 76 |
| Decision Date | 05 September 1990 |
| Docket Number | No. 88-3053,88-3053 |
| Parties | 15 Fla. L. Weekly D2212 John MULLIGAN, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Broward County; M. Daniel Futch, Jr., Judge.
Young T. Tindall and Dana Ziegler Holding of Rogers, Morris & Ziegler, Fort Lauderdale, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee and Lynn Waxman, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the conviction of appellant but reverse and remand for a new sentencing hearing as the trial court's written findings for departure from a guidelines sentence do not correspond to his orally announced reasons for departure. The procedure employed by the trial court of accepting the state's written reasons of departure without expressing all of those same reasons in an appropriate manner at the sentencing hearing has been condemned. Barbera v. State, 505 So.2d 413 (Fla.1987); Johnson v. State, 483 So.2d 839 (Fla. 2d DCA 1986). Additionally, appellant challenged the accuracy of his 1981 convictions in Baltimore, Maryland. The state's failure to provide corroborating evidence of those convictions also necessitates a remand to produce an accurate, corroborated scoresheet. Ware v. State, 541 So.2d 786 (Fla. 4th DCA 1989); L'Homme v. State, 518 So.2d 408 (Fla. 1st DCA 1988); Baker v. State, 493 So.2d 515 (Fla. 1st DCA 1986); Delaine v. State, 486 So.2d 39 (Fla. 2d DCA 1986).
Affirmed as to conviction, reversed as to sentence and remanded for a new sentencing hearing.
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Martin v. State, 89-2518
...by the trial court, warranted the upward departure. Simmons v. State, 496 So.2d 911 (Fla. 2d DCA 1986). Our opinion in Mulligan v. State, 566 So.2d 76 (Fla. 4th DCA 1990), condemning the wholesale delegation of responsibility to make the necessary findings, should not be interpreted as hold......
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Larsen v. State, 97-0244
...appellate counsel is denied. Petitioner argues that because his codefendant's sentence was reversed on direct appeal, Mulligan v. State, 566 So.2d 76 (Fla. 4th DCA 1990), and his conviction and sentence were affirmed without opinion, his appellate counsel must have been deficient in the pre......
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Hubbs v. State, 95-0850
...prior record. Slaughter v. State, 585 So.2d 1087 (Fla. 3d DCA 1991); Moss v. State, 581 So.2d 182 (Fla. 2d DCA 1991); Mulligan v. State, 566 So.2d 76 (Fla. 4th DCA 1990). The two convictions which Hubbs disputes involve a Wisconsin attempted sexual assault conviction and a conviction for po......