Street v. State, 92-0161
| Decision Date | 30 December 1992 |
| Docket Number | No. 92-0161,92-0161 |
| Citation | 609 So.2d 779 |
| Parties | 18 Fla. L. Week. D147 David STREET, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Appeal from the Circuit Court for Palm Beach County; Sandra K. McSorley, Judge.
Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm the conviction, but reverse the sentence and remand for resentencing. The trial court erred in sentencing appellant in excess of twenty-seven years without providing written reasons for departure. See Fla.R.Crim.P. 3.988(g). Because the trial court was under the impression that this case did not involve a departure sentence, it may consider on remand whether departure is appropriate, and, if so, shall set forth valid written reasons supporting departure. State v. Bentancourt, 552 So.2d 1107 (Fla.1989). See also Roberts v. State, 547 So.2d 129 (Fla.1989).
AFFIRMED IN PART; REVERSED IN PART; REMANDED.
HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.
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Street v. State, 4D04-4442.
...minimum mandatory on each count to run consecutively. On direct appeal to this court his conviction was affirmed. See Street v. State, 609 So.2d 779 (Fla. 4th DCA 1992). However, this court found error in his sentence, as he had been sentenced in excess of twenty-seven years, which was the ......
- Gasparovic v. State, 92-0041