ROBERT HIGGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ROBERT HIGGS, APPELLANT,
STATE OF FLORIDA, APPELLEE
543 So. 2d 427
Florida District Court of Appeal, Fifth District (1989)
Positive Treatment
Cited by 3 cases
Opinion of the Court
COBB, Judge.
Following the appellant’s conviction on the charge of aggravated child abuse, the trial court imposed a five-year sentence. As the state concedes, the scoresheet was apparently not considered and the sentence given was three cells above the recommended guidelines sentence of 12-30 months of incarceration or community control. Because the court did not provide written reasons for departure, the sentence is reversed and the case is remanded for reconsideration of the sentence below. Mims v. State, 508 So. 2d 1343 (Fla. 5th DCA 1987).
REMANDED.
ORFINGER and COWART, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Alphonse Kelly v. State, 552 So. 2d 206 (Fla. 5th DCA 1989)…ons for the departure. Rease v. State, 493 So. 2d 454 (Fla.1986); Kibler v. State, 501 So. 2d 76 (Fla. 5th DCA 1987). Upon remand, the trial court must provide written reasons should it choose to impose a departure sentence. See e.g. Higgs v. State, 543 So. 2d 427 (Fla. 5th DCA 1989); Mims v. State, 508 So. 2d 1343, (Fla. 5th DCA 1987). In summary, each of Kelly’s convictions are affirmed except as to Count VIII for the use of a firearm in the commission of a felony. This cause is remanded for re-sentencing.…
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Higgs v. State, 599 So. 2d 274 (Fla. 5th DCA 1992)
Authorities Cited
- Mims v. State, 508 So. 2d 1343 (Fla. 5th DCA 1987)