VINCENT V. HAMILTON, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1989-10-20
No. 87-03520
SCHOONOVER and PATTERSON, JJ., concur.
550 So. 2d 164 Florida District Court of Appeal, Second District (1989) Positive Treatment
Cited by 4 cases


Opinion of the Court
CAMPBELL, Chief Judge.

CAMPBELL, Chief Judge.

Appellant, Vincent V. Hamilton, was found guilty of first degree murder and armed burglary and was sentenced to life, with a twenty-five-year minimum mandatory term for the murder conviction and a five year term for the armed burglary conviction.

Appellant raises three issues of which we find merit in and discuss only the sentencing issue regarding the five-year sentence imposed on the armed burglary conviction that was to be served concurrently with the murder sentence. The guidelines recommended a sentence of two-and-one-half to three-and-one-half years. The court did not offer written reasons for the departure sentence. This was error under Hendrix v. State, 475 So. 2d 1218 (Fla.1985); Fla.R. Crim.P. 3.701(b)6; Fla.R.Crim.P. 3.701(d)ll.

Accordingly, while we affirm the convictions, we reverse and remand the sentence on the armed burglary conviction for resentencing within the guidelines range.

SCHOONOVER and PATTERSON, JJ., concur.


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  • Erickson v. State, 565 So. 2d 328 (Fla. 4th DCA 1990)
    …at several other out-of-state convictions were altogether omitted from the scoresheet, even though they show “dispositions,” as defined by Florida Rule of Criminal Procedure 3.701(d)(5)(a), and may therefore be properly scorable. See Spann v. State, 550 So. 2d 164, 166 (Fla. 2d DCA 1989); Vandeneynden v. State, 478 So. 2d 429 (Fla. 5th DCA 1985). We therefore affirm the judgment of conviction of indecent assault on a child under sixteen, but vacate the sentence and remand for resentencing based on a correcte…
  • Johnson v. State, 583 So. 2d 386 (Fla. 1st DCA 1991)
    …(Fla. 1st DCA 1986). On remand, the state will be permitted to furnish corroborating evidence of the prior conviction challenged. If the challenged grand larceny conviction is not verified, appellant shall be resentenced accordingly. Spann v. State, 550 So. 2d 164 (Fla. 2d DCA 1989). In its brief, the state acknowledges that the failure to require corroborating proof in this circumstance was error, but nevertheless contends that the error was harmless, because reduction of appellant’s scoresheet total by el…
  • Smith v. State, 714 So. 2d 1152 (Fla. 2d DCA 1998)
    …cing court must either require the State to produce corroborating evidence of the offense or not consider the offense. See Baldwin v. State, 700 So. 2d 95, 96 (Fla. 2d DCA 1997); Moss v. State, 581 So. 2d 182, 183 (Fla. 2d DCA 1991); Spann v. State, 550 So. 2d 164, 166 (Fla. 2d DCA 1989). Accordingly, at resentencing, we direct the trial court to not include the disputed misdemeanor offense in the new guidelines seoresheet, unless the State is able to produce corroborating evidence of it. See Baldwin, 700 So.…

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