DOMINGO GARCIA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1985-04-10
No. 84-174
ANSTEAD, C.J., and GLICKSTEIN, J., concur.
466 So. 2d 1211 Florida District Court of Appeal, Fourth District (1985) Negative Treatment
Cited by 8 cases
Opinion of the Court
BARKETT, Judge.

BARKETT, Judge.

We vacate the sentence imposed. The trial court deviated from the guidelines without written justification. We note in passing that a court may not depart from the guidelines simply because a defendant testifies at trial that he did not commit the crime alleged. Bowdoin v. State, 464 So. 2d 596 (Fla. 4th DCA 1985); Mischler v. State, 458 So. 2d 37 (Fla. 4th DCA 1984). See also Hubler v. State, 458 So. 2d 350 (Fla. 1st DCA 1984).

We reverse the sentence and remand for resentencing in accordance with the guidelines. Should the court deviate from the recommended range, the reasons must be clear, convincing, and in writing in accordance with Boynton v. State (Fla. 4th DCA March 27, 1985).

ANSTEAD, C.J., and GLICKSTEIN, J., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Parker v. State, 481 So. 2d 560 (Fla. 5th DCA 1986)
    …te consecutive five (5) years sentence. Certain of these written reasons, particularly numbers 3 and 5, have been held to be an inappropriate basis to impose a departure sentence. Hunt v. State, 468 So. 2d 1100 (Fla. 1st DCA 1985); Garcia v. State, 466 So. 2d 1211 (Fla. 4th DCA 1985); Mischler v. State, 458 So. 2d 37 (Fla. 4th DCA 1984). Reason number 6 is also insufficient, because the crime of carrying the short-barreled shotgun was already calculated on the scoresheet. Hendrix v. State, 475 So. 2d 1218 (Fl…
  • Wiggins v. State, 476 So. 2d 257 (Fla. 4th DCA 1985)
    …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 not commit the crime alleged.” Garcia v. State, 466 So. 2d 1211, 1212 (Fla. 4th DCA 1985). See also Bowdoin v. State, 464 So. 2d 596, 597 (Fla. 4th DCA 1985); Hubler v. State, 458 So. 2d 350, 353 (Fla. 1st DCA 1984); Mischler, 458 So. 2d at 38. Finding three of the trial court’s six reasons for departure invali…
  • Flemmings v. State, 476 So. 2d 292 (Fla. 3d DCA 1985)
    …ng. . The invalidated grounds and the cases relied upon in invalidating each are: Ground 1: See Callaghan v. State, 462 So. 2d 832 (Fla. 4th DCA 1984). Ground 3: Thomas v. State, 461 So. 2d 234 (Fla. 1st DCA 1984). Ground 4: See Garcia v. State, 466 So. 2d 1211 (Fla. 4th DCA 1985); Sarvis v. State, 465 So. 2d 573 (Fla. 1st DCA 1985) (defense of innocence is improper reason for deviation). Ground 7: Bowdoin v. State, 464 So. 2d 596 (Fla. 4th DCA 1985). Ground 8: Pope v. State, 441 So. 2d 1073 (Fla. 1983);…

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