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

SANDRA L. RODRIQUE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

PER CURIAM.

Because only two of the six reasons given for departure from the sentencing guidelines are valid, and because the crime was committed prior to the effective date of Section 921.001(5), Florida Statutes, this case must be remanded for a determination whether the same sentence would have been imposed if only the two valid reasons for departure were considered. Albritton v. State, 476 So.2d 158 (Fla. 1985). We conclude that the following reasons are valid: the professional manner employed in the commission of a crime (paragraphs 2 and 5 read in conjunction with one another), see Martin v. State, 523 So.2d 1226 (Fla. 1st DCA 1988), and the timing of the crime in relation to prior offenses and release from incarceration or supervision (paragraph 4). See Stubbs v. State, 522 So.2d 444 (Fla. 1st DCA 1988); Williams v. State, 504 So.2d 392 (Fla. 1987). The remaining reasons given are invalid because either the facts supporting them are too speculative or the law does not support them.

REVERSED AND REMANDED.

ERVIN, WENTWORTH and ZEHMER, JJ., concur.

Use AI to get other relevant cases.

Comments

RODRIQUE v. STATE
(Nov 18, 1988)