BRUCE W. WYMAN, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Tanner v. State, 468 So. 2d 505 (Fla. 2d DCA 1985)
  …l judge may mitigate or depart “downward” from the presumptive sentence for clear and convincing reasons. State v. Twelves, 463 So. 2d 493 (Fla. 2d DCA 1985). The record must contain a proper evidentiary basis to support a departure. Wyman v. State, 459 So. 2d 1118 (Fla. 1st DCA 1984). It is the function of the appellate court to assure that the trial court did not abuse its discretion in departing from the presumptive sentence. Addison v. State, 452 So. 2d 955 (Fla. 2d DCA 1984). We hold that the trial judge…
• Wiggins v. State, 476 So. 2d 257 (Fla. 4th DCA 1985)
  …at trial that Wiggins had in fact stolen the keys a day before stealing the automobile. The record does not contain a proper evidentia-ry basis for such a conclusion. Thus, this reason for departure is not justified on the facts. Cf. Wyman v. State, 459 So. 2d 1118 (Fla. 1st DCA 1984). Additionally, the trial court erred in considering Wiggins’ lack of remorse as a reason for departing from the guidelines. A court may not depart from the guidelines “simply because a defendant testifies at trial that he did no…
• State v. Smith, 507 So. 2d 1209 (Fla. 4th DCA 1987)
  …2d 90 (Fla. 1st DCA 1987). We hold that the trial court erred in departing below the guidelines sentence because its stated reason lacked any eviden-tiary basis in the record. See Tanner v. State, 468 So. 2d 505 (Fla.2d DCA 1985); Wyman v. State, 459 So. 2d 1118 (Fla. 1st DCA 1984). Accordingly, we reverse the sentence and remand for resentencing. We further hold that the defendant is not entitled to withdraw his plea. While Walden contains no express rationale, it cites State v. Davis, 464 So. 2d 195 (Fl…