Safford v. State, 85-1136
Decision Date | 08 May 1986 |
Docket Number | No. 85-1136,85-1136 |
Citation | 488 So.2d 141,11 Fla. L. Weekly 1068 |
Parties | 11 Fla. L. Weekly 1068 Jimmy Lee SAFFORD, Appellant, v. STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Paula C. Coffman, Asst. Atty. Gen., Daytona Beach, for appellee.
This is another sentencing guidelines departure case.
After the defendant committed the "primary offense at conviction" 1 in Orange County, Florida, he committed and was sentenced for multiple crimes in Dade County. Thereafter he was charged, tried, and convicted of the Orange County offense and the trial court imposed a sentence that departed from the recommended guideline sentence. The trial court's reasons for departure span over two pages and the defendant contends some of the reasons given were impermissible and, hence, his departure sentence must be vacated. We agree.
The trial court's reasons for departure can be summarized as follows:
1. The defendant committed these offenses in Orange County between March and May of 1981. Before these matters were resolved, he went to Miami and there became involved in additional criminal activity of a similar nature around March of 1982.
2. The court concludes that Mr. Safford has been involved in a well organized and deliberate scheme to defraud public assistance programs entirely for personal gain.
3. The above guideline sentence is needed as a deterrent to Mr. Safford and others who would treat public assistance programs as a money making machine.
4. The effect of defendant's crimes on society call for more serious punishment than the guidelines would provide for in this case.
While the first reason given for departure may be a valid reason, it is not necessary on this appeal to determine its validity because such a determination is not necessary to a proper disposition. The last three reasons given are clearly invalid. Under Albritton v. State, 476 So.2d 158 (Fla.1985), the assignment of one or more invalid reasons for departure requires reversal unless the State shows beyond a...
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