Vidal v. State, 86-1337
Decision Date | 15 December 1987 |
Docket Number | No. 86-1337,86-1337 |
Citation | 12 Fla. L. Weekly 2884,516 So.2d 1051 |
Parties | 12 Fla. L. Weekly 2884 Jose Antonio VIDAL, Appellant, v. The STATE of Florida, Appellee. |
Court | Florida District Court of Appeals |
Bennett H. Brummer, Public Defender, and Sheryl J. Lowenthal, Sp. Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Nancy C. Wear, Asst. Atty. Gen., for appellee.
Before SCHWARTZ, C.J., and BASKIN and DANIEL S. PEARSON, JJ.
Appellant Jose Vidal challenges his convictions and sentences for burglary of a dwelling and second degree grand theft. Finding no reversible error, we affirm the convictions.
We vacate the sentences and remand for resentencing, however, because the trial court failed to provide a written statement delineating clear and convincing reasons for upward departure from the sentencing guidelines. See State v. Jackson, 478 So.2d 1054 (Fla.1985); § 921.001(6), Fla.Stat. (Supp.1984); Fla.R.Crim.P. 3.701(b)(6), (d) (11). Furthermore, the trial court's announced grounds at sentencing are invalid reasons for the departure. See State v. Mischler, 488 So.2d 523 (Fla.1986) ( ); Gibson v. State, 489 So.2d 836 (Fla. 3d DCA 1987) (same); Hankey v. State, 485 So.2d 827 (Fla.1986) ( ); Williams v. State, 497 So.2d 716 (Fla. 3d DCA 1986) (same), review denied, 506 So.2d 1043 (Fla.1987); Mischler, 488 So.2d at 525 ( ); Walker v. State, 508 So.2d 407 (Fla. 5th DCA 1987) ( ).
In Shull v. Dugger, 515 So.2d 748, 749, (Fla.1987), the supreme court held that "a trial court may not enunciate new reasons for a departure sentence after the reasons given for the original departure sentence have been reversed by an appellate court." Thus, appellant must be resentenced within the recommended sentencing guidelines range of four and one-half to five and one-half years. See Williams v. State, 492 So.2d 1308 (Fla.1986) ( ). See also Clay v. State, 508 So.2d 561 (Fla. 2d DCA 1987) ( ).
Convictions affirmed; sentences vacated; remanded for resentencing.
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State v. Cano
...delineating the reasons for departure. See Fla.R.Crim.P. 3.701(b)(6); State v. Jackson, 478 So.2d 1054 (Fla.1985); Vidal v. State, 516 So.2d 1051 (Fla. 3d DCA 1987). Reversed and ...