TANJELIA MARIE HOLT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 1985-10-24
No. 85-200
ORFINGER and UPCHURCH, JJ., concur.
477 So. 2d 59 Florida District Court of Appeal, Fifth District (1985) Positive Treatment
Cited by 3 cases
Topics
Prior Criminal Record Sentencing Guidelines Departure

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Opinion of the Court
COBB, Chief Judge.

COBB, Chief Judge.

Holt appeals the departure guidelines sentence given by the lower court resulting from her plea of guilty to a charge of possession of cocaine. Under the guidelines, Holt’s recommended sentence was any nonstate prison sanction. The trial court departed and sentenced her to four-and-a-half-years in the Department of Corrections. The court’s written reasons for the departure were stated as follows:

Although this is her first felony, this defendant’s extensive criminal misdemeanor record demonstrates that she is an unrepentant street prostitute who has no intention of abiding by the law. Her longest previous sentence was thirty days.

As the trial court bases its departure from the guidelines sentence on the appellant’s prior record, we must reverse. See Hendrix v. State, 455 So. 2d 449 (Fla.1985). Accordingly, this case is remanded with instructions to resentence the appellant in accordance with the sentencing guidelines.

REVERSED and REMANDED.

ORFINGER and UPCHURCH, JJ., concur.

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Citator

Cited By

  • State v. Mihocik, 480 So. 2d 711 (Fla. 5th DCA 1986)
    …la. 5th DCA 1985); Hall v. State, 78 So. 2d 519 (Fla. 5th DCA 1985); Shelton v. State, 478 So. 2d 433 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985); Bentley v. State, 477 So. 2d 58 (Fla. 5th DCA 1985); Holt v. State, 477 So. 2d 59 (Fla. 5th DCA 1985). The sentence is vacated and the cause remanded for resentencing after preparation of a correct guideline scoresheet. SENTENCE VACATED; CAUSE REMANDED. DAUKSCH and ORFINGER, JJ., concur.…
  • Keen v. State, 481 So. 2d 1274 (Fla. 5th DCA 1986)
    …a. 5th DCA 1985); Hall v. State, 478 So. 2d 519 (Fla. 5th DCA 1985); Shelton v. State, 478 So. 2d 433 (Fla. 5th DCA 1985); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985); Bentley v. State, 477 So. 2d 58 (Fla. 5th DCA 1985); Holt v. State, 477 So. 2d 59 (Fla. 5th DCA 1985).…

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