Timonere v. State
| Decision Date | 16 February 1994 |
| Docket Number | 92-04340,Nos. 92-00602,s. 92-00602 |
| Citation | 631 So.2d 1138 |
| Parties | 19 Fla. L. Weekly D388 James M. TIMONERE, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Stevan T. Northcutt, Levine, Hirsch, Segall & Northcutt, P.A., Tampa, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Christopher M. Sierra, Asst. Atty. Gen., Tampa, for appellee.
In this consolidated appeal, James M. Timonere challenges the trial court's denial of his motion for postconviction relief based on allegations of ineffective assistance of counsel and its imposition of a departure sentence without a contemporaneous statement of the reasons for departure. We find no merit in his claim that trial counsel was ineffective, and affirm the denial of his motion for postconviction relief without discussion.
The trial court did, however, commit reversible error when it imposed a departure sentence without providing contemporaneous reasons for the departure at the sentencing hearing. See Ree v. State, 565 So.2d 1329 (Fla.1990), modified by State v. Lyles, 576 So.2d 706 (Fla.1991); Barry v. State, 626 So.2d 270 (Fla. 2d DCA 1993); Hall v. State, 598 So.2d 230 (Fla. 2d DCA 1992). Accordingly, we reverse Timonere's sentences and remand for sentencing within the guidelines.
Affirmed in part, reversed in part and remanded.
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Fannin v. State, 2D97-250.
...for resentencing to single fifteen-year mandatory minimum with concurrent sentences for all other counts); see also Timonere v. State, 631 So.2d 1138 (Fla. 2d DCA 1994) (reversed and remanded for re-sentencing within guidelines), appeal after remand, Timonere v. State, 666 So.2d 197 (Fla. 2......
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Timonere v. State, 95-00122
...in cocaine. On an earlier occasion we reversed his sentence and remanded for resentencing within the guidelines. Timonere v. State, 631 So.2d 1138 (Fla. 2d DCA 1994). The current appeal arises from resentencing. Timonere contends that the trial court failed to abide by our mandate by stacki......