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

WILLIAM M. BOUTHNER, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

DAUKSCH, Judge.

The departure sentence in this case was based on the adjudication of the defendant as an habitual offender under section 775.084, Florida Statutes (1983). The adjudication as an habitual felony offender was based on the defendant's criminal record and current conviction which have already been factored into the recommended guideline sentence. Since there is no additional clear and convincing reason this departure sentence was inconsistent with Hendrix v. State, 475 So.2d 1218 (Fla. 1985). See Moultrie v. State, 488 So.2d 558 (Fla. 5th DCA 1986); Vicknair v. State, 483 So.2d 896 (Fla. 5th DCA 1986). In addition a notation on the guidelines scoresheet that the defendant was "sentenced as an habitual offender with necessary findings of fact by the court" does not comply with State v. Jackson, 478 So.2d 1054 (Fla. 1985). The reasons stated at the sentencing hearing and transcribed in the record do not fulfill the purpose of Rule 3.701(d)(11). Accordingly the conviction is affirmed but the sentence vacated and this matter remanded for resentencing consistent with this opinion.

SENTENCE VACATED; REMANDED.

UPCHURCH and COWART, JJ., concur.

Use AI to get other relevant cases.

Comments

BOUTHNER v. STATE
(Jun 3, 1986)