Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

RAMON RIVERA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE.

PER CURIAM.

We affirm Rivera's convictions for trafficking in cocaine and marijuana. However, we reverse Rivera's sentences because the two reasons given by the trial court for departure from the sentencing guidelines were invalid.

The first reason for departure — that Rivera was a professional drug dealer — was invalid; being a drug dealer is an inherent component of the crime of drug trafficking. Young v. State, 502 So.2d 1347 (Fla. 2d DCA 1987).

The second reason for departure — the "professional manner" in which Rivera committed the crime — was also invalid. Collins v. State, 535 So.2d 661 (Fla. 3d DCA 1988). We, therefore, remand for sentencing within the guidelines.

Affirmed in part; reversed in part; remanded with directions.

Use AI to get other relevant cases.

Comments

RIVERA v. STATE
(May 23, 1989)