MICHAEL FITZSIMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1990-08-01
No. 88-00365
SCHOONOVER, C.J., and CAMPBELL, J., concur.
564 So. 2d 627 Florida District Court of Appeal, Second District (1990) Positive Treatment
Cited by 2 cases
Topics
Sentencing Guidelines Departure

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Opinion of the Court
SCHEB, Judge.

SCHEB, Judge.

The defendant was convicted of kidnapping and battery, offenses he committed in 1987. The trial judge sentenced the defendant to life for the kidnapping and one year imprisonment for the battery, the sentences to be served consecutively. He listed twenty-nine reasons for departure.

The defendant’s only point on appeal addresses the departure sentence. We agree with the defendant that all of the reasons for departure from the sentencing guidelines are either invalid as a matter of law or are not supported by the record.

We affirm the defendant’s convictions, but remand for resentencing within the recommended range of the guidelines. Shull v. Dugger, 515 So. 2d 748 (Fla.1987).

SCHOONOVER, C.J., and CAMPBELL, J., concur.

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    …o. 2d 1197 (Fla.1980). However, where a trial transcript or proper substitute does not appear in the record on appeal, the trial court’s order must be upheld unless the order is fundamentally erroneous on its face. Bank of Va. v. Estate of Ingraham, 564 So. 2d 627 (Fla. 2d DCA 1990); Hirsch v. Hirsch, 642 So. 2d 20, 21 (Fla. 5th DCA 1994). Section 61.075(1) requires that the trial court distribute marital assets and liabilities between the parties “beginning with the premise that an equal distribution should…
  • Graham v. Lomar Indus., 583 So. 2d 819 (Fla. 4th DCA 1991)
    …to Florida Appellate Rule 9.200(b)(3) provided. It is appellants’ burden to furnish the appellate court with a record adequate to support the appeal. Carter v. Carter, 504 So. 2d 418 (Fla. 5th DCA 1987); Bank of Virginia v. In re Estate of Ingraham, 564 So. 2d 627 (Fla. 2d DCA 1990); Wright v. Wright, 431 So. 2d 177 (Fla. 5th DCA 1983). Under these circumstances, appellate relief cannot be afforded. Carter v. Carter, infra. Accordingly, the judgment and order appealed from are affirmed. DOWNEY and POLEN,…

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